The Family Procedure Rules 2010

[F1Further provisions about the court’s power to restrict expert evidenceE+W

This section has no associated Explanatory Memorandum

25.5.—[F2(1) When deciding whether to give permission as mentioned in section 13(1), (3) or (5) of the 2014 Act or to give a direction under 38(6) of the 1989 Act in children proceedings, the court is to have regard in particular to any failure to comply with rule 25.6 or any direction of the court about expert evidence.]

[F3(1A) The matter referred to in paragraph (1) is a prescribed matter for the purposes of section 13(7)(h) of the 2014 Act and section 38(7B) of the 1989 Act.]

(2) When deciding whether to give permission as mentioned in rule 25.4(1) in proceedings other than children proceedings, the court is to have regard in particular to—

(a)the issues to which the expert evidence would relate;

(b)the questions which the court would require the expert to answer;

(c)the impact which giving permission would be likely to have on the timetable, duration and conduct of the proceedings;

(d)any failure to comply with rule 25.6 or any direction of the court about expert evidence; and

(e)the cost of the expert evidence.]

[F4(3) Provision may be made in a practice direction in relation to permission to put expert evidence in relation to toxicology testing before the court.]

Textual Amendments

F2Rule 25.5(1) substituted (22.4.2014) by virtue of The Family Procedure (Amendment No. 3) Rules 2014 (S.I. 2014/843), rules 1, 47(a)