How do I know if I need an expert report for a claim?
All disputes have both a legal and a factual component. Solicitors, Barristers, and other legal professionals make arguments and give advice on the law. The court will rely on witness testimony or technical issues to prove the factual aspect of your case. For example:
What’s the boundary line between the properties? What compensation should be paid to release this restrictive covenant? Has this software code been copied?
- Has this signature been forged?
- What is the value of these goods on the open market?
- The court will rely on the evidence of suitably qualified and experienced experts.
- Has this software code been copied?
- Has this signature been forged?
- What are these goods worth on the open market?
The court will rely on the evidence of suitably qualified and experienced experts.
Considering and advising on what evidence is needed to support your claim or defence is critically important work our commercial, property and construction litigation teams complete in disputes across the country. This is just one aspect of a dispute to consider to ensure you are in the best position to win. What is an Expert Report?
An expert report is the written testimony of the expert on questions of fact on which the court has granted permission for the expert’s testimony. To rely on a report of an expert, permission must be sought under Part 35 Civil Procedure Rules. The court will either grant permission for a joint expert report, or allow the parties to obtain individual expert reports.
The purpose of the permission stage is to manage the admissibility of expert evidence so that court proceedings are managed fairly and at a reasonable and proportionate cost for the parties.
Frequently Asked Questions
What Is the Purpose of an Expert Report?
The purpose of an expert report is to provide evidence to the court on technical matters on which the court couldn’t reasonably decide without that evidence.
Final Thoughts
Specialist advice may involve confidential input in the early stages, producing and exchanging expert reports with the other side or giving evidence in court. Using experts in court is not a right. There are strict rules that govern when and how this can be done.
