The Civil Procedure Rules 1998

Instructions to a single joint expert E+W

35.8—(1) Where the court gives a direction under rule 35.7 for a single joint expert to be used, [F1 any relevant] party may give instructions to the expert.

[F2 (2) When a party gives instructions to the expert that party must, at the same time, send a copy to the other relevant parties.]

(3) The court may give directions about—

(a) the payment of the expert’s fees and expenses; and

(b) any inspection, examination or experiments which the expert wishes to carry out.

(4) The court may, before an expert is instructed—

(a) limit the amount that can be paid by way of fees and expenses to the expert; and

(b) direct that [F3 some or all of the relevant] parties pay that amount into court.

(5) Unless the court otherwise directs, the [F4 relevant] parties are jointly and severally liable^(GL) for the payment of the expert’s fees and expenses.

Textual Amendments

F1 Words in rule 35.8(1) substituted (1.10.2009) by The Civil Procedure (Amendment) Rules 2009 (S.I. 2009/2092), rules 1(2), 5(l)

F2 Rule 35.8(2) substituted (1.10.2009) by The Civil Procedure (Amendment) Rules 2009 (S.I. 2009/2092), rules 1(2), 5(m)

F3 Words in rule 35.8(4)(b) substituted (1.10.2009) by The Civil Procedure (Amendment) Rules 2009 (S.I. 2009/2092), rules 1(2), 5(n)

F4 Word in rule 35.8(5) substituted (1.10.2009) by The Civil Procedure (Amendment) Rules 2009 (S.I. 2009/2092), rules 1(2), 5(o)

Commencement Information

I1 Rule 35.8 in force at 26.4.1999, see Signature