F1PART 25EXPERTS AND ASSESSORS

Written questions to experts25.10.

(1)

A party may put written questions about an expert’s report to—

(a)

an expert instructed by another party; or

(b)

a single joint expert appointed under rule 25.11.

(2)

Unless the court directs otherwise or a practice direction provides otherwise, written questions under paragraph (1)—

(a)

must be proportionate;

(b)

may be put once only;

(c)

must be put within 10 days beginning with the date on which the expert’s report was served;

(d)

must be for the purpose only of clarification of the report; and

(e)

must be copied and sent to the other parties at the same time as they are sent to the expert.

(3)

An expert’s answers to questions put in accordance with paragraph (1)—

(a)

must be given within the timetable specified by the court; and

(b)

are 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; 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.