Experts’ Reports

Experts’ Reports in relation to the Technology and Construction Court

[rtbs name=”technology-and-construction-court”]It is the duty of an expert to help the Technology and Construction Court on matters within his expertise. This duty overrides any duty to his client: Civil Procedure Rules 35.3. Each expert’s report must be independent and unbiased. Paragraphs 3(vii), 3.3.1(vi) and 5.5(i) of the Pre-Action Protocol for Construction and Engineering Disputes contain provisions as to experts in Technology and Construction Court cases and accordingly Annex C to the Practice Direction – Pre-Action Conduct does not apply: see The Practice Direction – Pre-Action Conduct. The parties must identify the issues with which each expert should deal in his or her report. Thereafter, it is for the expert to draft and decide upon the detailed contents and format of the report, so as to conform to the Practice Direction supplementing Civil Procedure Rules Part 35 and the Construction and Engineering Pre-Action Protocol for the Instruction of Experts to give Evidence in Civil Claims. It is appropriate, however, for the party instructing an expert to indicate that the report (a) should be as short as is reasonably possible; (b) should not set out copious extracts from other documents; (c) should identify the source of any opinion or data relied upon; and (d) should not annex or exhibit more than is reasonably necessary to support the opinions expressed in the report. In addition, as set out in paragraph 15.2 of the Construction and Engineering Pre-Action Protocol for the Instruction of Experts to give Evidence in Civil Claims, legal advisors may also invite experts to consider amendments to their reports to ensure accuracy, internal consistency, completeness, relevance to the issues or clarity of reports.