Expert witness reports could be ruled inadmissible unless experts include a statement that they understand the rules of civil procedure
Amendments to Pt 35 of the Civil Procedure Rules, which came into force this month, require experts to sign a revised statement of truth and a new declaration of awareness of the civil procedure rules, practice directions and protocols.
Solicitors will now need to look for evidence that an expert has an understanding of Pt 35. If cases go to court, experts could be cross-examined on their knowledge.
Mark Solon, solicitor and managing director of legal consultancy, Bond Solon, says: “Experts have always needed to know their subject area and their duty to the court.
“This key change was introduced to address the view that many experts have failed to comply with the existing rules. The difficulty is that there is no central body to inform experts of changes to the law that apply to them. Experts come from such diverse areas of expertise, from accountants to zoologists.”
Bond Solon, which runs training courses for experts, will put a short video clip covering the new rules on You Tube. It can also be seen on their website at www.bondsolon.com/Civil-procedure-rules.
