Expert Reports in UK Law

Leading Cases
  • FRANCOIS MIBANGA v Secretary of State for the Home Department
    • Court of Appeal (Civil Division)
    • 17 Marzo 2005

    It seems to me to be axiomatic that a fact-finder must not reach his or her conclusion before surveying all the evidence relevant thereto. Just as, if I may take a banal if alliterative example, one cannot make a cake with only one ingredient, so also frequently one cannot make a case, in the sense of establishing its truth, otherwise than by combination of a number of pieces of evidence.

  • R (Lynch) v General Dental Council
    • Queen's Bench Division (Administrative Court)
    • 10 Diciembre 2003

  • LP (LTTE area – Tamils – Colombo – risk?)
    • Asylum and Immigration Tribunal
    • 12 Abril 2007

    Mr MacKenzie challenged the weight that should be given to BHC or like information if is not sourced in a similar manner to that expected from expert witnesses and other reporting authorities.

  • Scott Hoyle v Julia Mary Rogers and Another Secretary of State for Transport (1st Intervener) International Air Transport Association (2nd Intervener)
    • Court of Appeal (Civil Division)
    • 13 Marzo 2014

    Section 3 of the 1972 Act does not purport to be all embracing or to restrict or alter the position at common law. The expert evidence referred to in CPR 35.1 and 35.5 and the expert's report referred to in CPR 35.4 and CPR 35.10 are the evidence and report of such a person. The purpose of CPR 35 is to regulate the evidence of experts instructed by the parties, to ensure that they act as experts, and to regulate the use and content of their reports.

  • JL (Medical Reports - Credibility) China [Upper Tribunal]
    • Upper Tribunal (Immigration and Asylum Chamber)
    • 05 Abril 2013

    Those writing medical reports are to ensure where possible that before forming their opinions they study any assessments that have already been made of the appellant's credibility by the immigration authorities and/or a tribunal judge ( The more a diagnosis is dependent on assuming that the account given by the appellant was to be believed, the less likely it is that significant weight will be attached to it ( HH (Ethiopia) [2007] EWCA Civ 306 [23]).

  • Daniels v Walker (Practice Note)
    • Court of Appeal (Civil Division)
    • 03 Mayo 2000

    That decision should not be taken until there has been a meeting between the experts involved. It may be that agreement could then be reached; it may be that agreement is reached as a result of asking the appropriate questions. It is only as a last resort that you accept that it is necessary for oral evidence to be given by the experts before the court. The expense of cross examination of expert witnesses at the hearing, even in a substantial case, can be very expensive.

  • Re L (Minors) (Police investigation: Privilege)
    • House of Lords
    • 21 Marzo 1996

    If necessary his attendance can be compelled by service of a subpoena. He cannot be required to disclose the contents of communications between himself and the first party's legal adviser. But his evidence on the issue before the court, which is all that is material, can be compelled.

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Legislation
  • County Courts Act 1984
    • UK Non-devolved
    • 1 de Enero de 1984
  • The Civil Procedure (Amendment) Rules 2013
    • UK Non-devolved
    • 1 de Enero de 2013
    ... ... expert evidence and”; ... (b) in paragraph (2)(a), after “required” ... medical records; ... a medical report or reports as provided for in the RTA Protocol; ... an engineer’s report; ... a ... ...
  • The Family Procedure Rules 2010
    • UK Non-devolved
    • 1 de Enero de 2010
    ... ... controlling the use of expert evidence; ... Children's guardian, solicitor and reports under section 7 of the 1989 Act ... ...
  • Employment Tribunals (Constitution and Rules of Procedure) Regulations 2001
    • UK Non-devolved
    • 1 de Enero de 2001
    ... ... “expert” means a member of the panel of independent experts within the meaning ... , before the expiration of which the expert must send progress reports pursuant to paragraph (8) ... The Secretary shall send a copy of the ... ...
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Books & Journal Articles
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Forms
  • Case management information sheet
    • HM Courts & Tribunals Service court and tribunal forms
    Commercial Court forms including claims and application notices.
    ... ... (10) (a) On what issues may expert evidence be required? ... (b) Is this a case in which the use of a ... (d) By what date can you serve signed expert reports? ... (e) When will the experts be available for a meeting or meetings ... ...
  • Draft directions for a rating appeal
    • HM Courts & Tribunals Service court and tribunal forms
    Lands Chamber (Upper Tribunal) forms including appeals forms.
    ... ... The parties each have permission to rely on the evidence of one expert witness in the discipline of [valuation] ... The parties’ experts ... than [one month after 5] the parties must file and exchange the reports their expert witnesses. The experts’ reports must comply with paragraph ... ...
  • Costs budget (Precedent H) and budget discussion report (Precedent R)
    • HM Courts & Tribunals Service court and tribunal forms
    County Court forms including the N1 money claim form.
    ... ... Disclosure ... Statements ... Expert Reports ... Finalising the order ... Any further CMC that is built into ... ...
  • Draft directions for a compensation reference
    • HM Courts & Tribunals Service court and tribunal forms
    Lands Chamber (Upper Tribunal) forms including appeals forms.
    ... ... parties each have permission to rely on the evidence of up to two expert witnesses in the disciplines of [valuation] [and …].[iii] ... The ... The parties must file and exchange the reports of their expert witnesses by not later than [two months after 5]. The ... ...
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