PART 35EXPERTS AND ASSESSORS
Written questions to expertsI135.6
F11
A party may put written questions about an expert’s report (which must be proportionate) to—
a
an expert instructed by another party; or
b
a single joint expert appointed under rule 35.7.
2
Written questions under paragraph (1)—
a
may be put once only;
b
must be put within 28 days of service of the expert’s report; and
c
must be for the purpose only of clarification of the report,
unless in any case,
i
the court gives permission; or
ii
the other party agrees.
3
An expert’s answers to questions put in accordance with paragraph (1) shall be treated as part of the expert’s report.
4
Where—
a
a party has put a written question to an expert instructed by another party F2...; and
b
the expert does not answer that question,
the court may make one or both of the following orders in relation to the party who instructed the expert—
i
that the party may not rely on the evidence of that expert; or
ii
that the party may not recover the fees and expenses of that expert from any other party.