CPR Part 35 of the Civil Procedure Rules is fundamental to expert witness evidence in UK courts. Whether you're instructing an expert witness surveyor for a property dispute or considering acting as an expert witness yourself, understanding these requirements is essential for credible, admissible expert evidence.
This comprehensive guide explains CPR Part 35, why it matters, and how it ensures expert witnesses provide impartial, reliable evidence that helps courts reach fair decisions in property disputes.
What is CPR Part 35?
CPR Part 35 sets out the framework for expert evidence in civil proceedings in England and Wales. Introduced as part of the Civil Procedure Rules in 1999, Part 35 fundamentally changed how expert witnesses operate by establishing their primary duty to the court rather than the party instructing them.
The key principle is simple but profound: expert witnesses must provide independent, unbiased evidence to assist the court, not act as advocates for the party paying them. This ensures courts receive trustworthy expert testimony when deciding complex technical matters in disputes including boundary disputes, dilapidations, professional negligence, and other property matters.
Key Requirements of CPR Part 35
1. Duty to the Court
The cornerstone of CPR Part 35 is that an expert witness's overriding duty is to help the court on matters within their expertise. This duty overrides any obligation to the party instructing or paying them. When chartered building surveyors act as expert witnesses, they must maintain complete impartiality regardless of who instructs them.
2. Expert Witness Reports Must Include:
- Details of the expert's qualifications and experience
- Statement of truth confirming duty to the court
- Clear statement of the substance of all material instructions
- Details of any literature or material relied upon
- Summary of conclusions reached
- Statement setting out the expert's independence
- Declaration that the expert understands and has complied with their duty
3. Expertise Limitations
Expert witnesses must only provide opinion within their expertise. If matters fall outside their particular field, they must clearly state this. RICS expert witnesses should identify any limitations in their knowledge or the evidence available.
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Our chartered surveyors are fully trained in CPR Part 35 compliance and provide expert evidence that courts can rely on.
Contact Our Expert TeamWhy CPR Part 35 Matters in Property Disputes
Property disputes often involve complex technical matters that judges cannot assess without expert assistance. CPR Part 35 ensures that when courts rely on expert witness surveyors for guidance on building surveying, valuation, or construction disputes, they receive trustworthy, impartial evidence.
Without these requirements, expert witnesses might act as advocates, presenting biased evidence that favors their client rather than helping the court reach the truth. This would undermine justice and make resolving property disputes more difficult and expensive.
Statement of Truth in Expert Reports
Every expert witness report must include a statement of truth. This typically reads:
"I confirm that I have made clear which facts and matters referred to in this report are within my own knowledge and which are not. Those that are within my own knowledge I confirm to be true. The opinions I have expressed represent my true and complete professional opinions on the matters to which they refer. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth."
This declaration emphasizes the seriousness of providing expert evidence and the legal consequences of failing to maintain independence and honesty.
How Expert Witnesses Demonstrate Compliance
Professional expert witness training, such as the Professional Award in Expert Witness Evidence, teaches chartered surveyors how to comply with CPR Part 35. Our team holds these qualifications, ensuring our expert witness services meet all legal requirements.
Compliance involves:
- Understanding and applying the duty to the court in practice
- Preparing reports that meet all CPR Part 35 format requirements
- Maintaining objectivity when investigating and analyzing evidence
- Clearly distinguishing between facts and opinion
- Identifying and acknowledging limitations in expertise or evidence
- Being prepared to modify opinions if new evidence emerges
Conclusion
CPR Part 35 ensures expert witness evidence in property disputes is credible, impartial, and helpful to courts. When you instruct an expert witness surveyor, confirm they understand and comply with these requirements. Professional qualifications, RICS registration, and expert witness training demonstrate this competence.
At Expert Witness Surveyor, all our chartered building surveyors are trained in CPR Part 35 compliance and hold relevant expert witness qualifications. We understand our duty to the court and provide impartial expert evidence that helps resolve property disputes fairly and efficiently.
If you need expert witness services for your property dispute, contact us to discuss how we can provide CPR-compliant expert evidence for your case.