CPR 35.1: When Is Expert Evidence ‘Reasonably Required’? Part 1 - Tom Collins, 1 Chancery Lane
06/12/15. Expert evidence is often talked of in terms of parties’ ‘rights’, i.e. to a fair trial or for equality of arms. In the field of PI and Clinical Negligence, it is taken for granted that except in the clearest of cases, the Court will admit (often gratefully) expert opinion on condition and prognosis as well as liability and causation. However, two recent decisions in different divisions of the High Court are a reminder that the Court’s powers under Part 35 are framed in terms of the power to restrict rather than permit, the use of experts.
Background
CPR 35.1 ("Duty to restrict expert evidence") provides:
"Expert evidence shall be restricted to that which is reasonably required to resolve the proceedings."
The White Book notes (at paragraph 35.1.1) that the underlying objective is to reduce the inappropriate use of expert evidence.
The courts have taken an increasingly strict line on this, particularly following the...
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