Part 35 (CPR)
Definition
Part 35 of the UK Civil Procedure Rules governs expert evidence in civil proceedings in England and Wales. It imposes a codified duty on experts to help the court on matters within their expertise, a duty that overrides any obligation to the party that retained them.
- Jurisdiction
- England and Wales
- Governs
- Expert evidence in civil proceedings
- Core duty
- Overrides duty to the instructing party
Common questions
Who does an expert's duty under Part 35 run to?+
The court, not the party who instructed and is paying the expert. This overriding duty takes precedence over any obligation to the retaining party.
Does Part 35 apply to criminal proceedings?+
No. It governs expert evidence in civil proceedings in England and Wales; criminal proceedings there follow separate criminal procedure rules.
Related terms
- Daubert Standard
- The US federal evidentiary standard (Daubert v. Merrell Dow Pharmaceuticals, 1993) requiring that expert testimony be based on scientifically valid methods with...
- Expert Report
- A written document prepared by the expert before trial or hearing, setting out their qualifications, the materials reviewed, the methodology applied, and...
- Frye Standard
- The US legal test for admissibility of scientific evidence, originating from Frye v. United States (1923), which required that a technique be...
- Hot-Tubbing (Concurrent Evidence)
- A procedure, originating in Australia and adopted in some UK and international arbitration proceedings, in which experts from both sides are questioned...
- Single Joint Expert
- An expert appointed jointly by the parties and the court, rather than by one side. Common in lower-value UK civil claims under...