This article is general information, not medical or legal advice.
If you are a doctor or other clinician thinking about medico-legal work, the rules you will hear about most are in Part 35 of the Civil Procedure Rules, usually called CPR Part 35. The Civil Procedure Rules govern how civil cases, such as personal injury and clinical negligence claims, are run in the courts of England and Wales. Part 35 and its Practice Direction set out what an expert must do and what an expert’s report must contain. This article explains the main rules in plain English. It is an introduction, not a substitute for reading CPR Part 35 and Practice Direction 35 themselves, or for proper training.
Your overriding duty is to the court (CPR 35.3)
The most important rule is the simplest. Under CPR 35.3, it is the expert’s duty to help the court on matters within their expertise, and that duty overrides any obligation to the person who instructs or pays them. In practice, this means your opinion must be independent, objective and unbiased, whichever side has instructed you. You should not stray outside your own expertise, and if your view changes, for example because new records arrive, you should say so.
This applies whoever instructs you: a claimant’s solicitor, a defendant’s solicitor or a medical reporting organisation. The opinion is yours alone.
Court permission (CPR 35.4)
No party may call an expert or put an expert’s report in evidence without the court’s permission. When a party asks for permission, it must identify the field of expertise and the issues the expert will deal with. The court can limit the issues the expert evidence covers.
Written reports (CPR 35.5)
Expert evidence is given in a written report unless the court directs otherwise. In claims on the small claims track or fast track, the court will direct an expert to attend a hearing only if it is necessary in the interests of justice. Your written report is therefore usually your evidence, so it needs to be complete, clear and able to stand on its own.
Written questions to experts (CPR 35.6)
After your report has been served, a party may put written questions to you about it. These are often called Part 35 questions. They must be proportionate, normally put only once, and sent within the time limit in CPR 35.6. They are for the purpose of clarifying the report, unless the court allows otherwise or the other party agrees. Your answers are treated as part of your report, so they need the same care.
Single joint experts (CPR 35.7)
Sometimes the court directs that evidence on an issue is given by a single joint expert: one expert instructed by both sides, instead of each side having its own. If the parties cannot agree who it should be, the court can choose or decide how the expert is chosen. A single joint expert owes the same duty to the court and should treat both parties’ instructions and questions even-handedly.
What your report must contain (CPR 35.10 and Practice Direction 35)
CPR 35.10 says the report must comply with the Practice Direction, must state the substance of all material instructions, written or oral, on which it is based, and must contain a statement that you understand and have complied with your duty to the court. Paragraph 3 of Practice Direction 35 adds that the report should be addressed to the court and must:
- give details of your qualifications;
- give details of any literature or other material you relied on;
- contain a statement setting out the substance of the facts and instructions that are material to your opinions;
- make clear which facts are within your own knowledge;
- say who carried out any examination, measurement or test, their qualifications, and whether you supervised them;
- where there is a range of opinion, summarise it and give reasons for your own opinion;
- contain a summary of your conclusions;
- state any qualification to your opinion;
- contain a statement that you understand and have complied with your duty to the court, and are aware of Part 35, the Practice Direction and the Guidance described below;
- be verified by a statement of truth, in the form the Practice Direction sets out.
The statement of truth matters. It confirms that the facts within your own knowledge are true and that the opinions are your true and complete professional opinions, and it warns that a false statement made without an honest belief in its truth can lead to proceedings for contempt of court.
Discussions and joint statements (CPR 35.12)
Where each side has its own expert in the same field, the court can direct the experts to discuss the case. The aim is to identify and narrow the issues and, where possible, reach agreement. The court may ask the experts to prepare a joint statement setting out what they agree, what they disagree on and why. What is said in the discussion cannot be referred to at trial unless the parties agree, and any agreement between the experts does not bind the parties unless they expressly agree to be bound by it.
Joint statements are a normal part of larger cases, such as clinical negligence claims and multi-track and complex injury claims.
The Guidance for the Instruction of Experts in Civil Claims
Practice Direction 35 refers to the Civil Justice Council’s Guidance for the Instruction of Experts in Civil Claims, which came into effect in 2014. It gives more detail on the expert’s duties, conflicts of interest, report contents, answering questions and discussions between experts. Your report must confirm you are aware of it.
Training
Clinical expertise alone does not make someone a good expert witness. Experts are expected to understand report writing, CPR Part 35 and the duties of an expert before they take instructions, and training is the usual way to show it, kept up to date. Many organisations that arrange reports, including Probita, ask for evidence of this training when you join an expert panel. If you are thinking about medico-legal work, our guide to becoming a medical expert witness sets out the requirements and a step-by-step route in.
How a medical reporting organisation supports experts
A medical reporting organisation handles the administration around each instruction, so you can focus on the clinical work and the report. At Probita, that means:
- each instruction is offered to you with its terms, including your fee, and you accept or decline it;
- the records the instruction needs are on the case for you, sorted, paginated and indexed;
- an AI-prepared index, chronology and summary helps you find your way, always yours to verify against the records;
- you set your availability, and claimants book through a secure link, with reminders sent for you;
- we check your report before release for completeness, such as whether the questions asked are answered and the Part 35 statements are present, and come back to you if anything is missing;
- Part 35 questions reach you through the portal with the deadline shown;
- your opinion is never altered: AI never forms or changes it, and nor do we.
The portal costs you nothing and works in your web browser. If you would like to join an expert panel, see joining Probita as a medical expert, including what we need from you. We arrange reports across many claim types, from personal injury to further evidence such as addendum reports and joint statements.