How Do I Know if an Expert Report Is Necessary in a Claim?

All disputes have a legal element and a factual element. Solicitors and Barristers make arguments about and advise on the law. To prove the factual element of your case the court relies on witness evidence or where the issues in dispute are technical, for example:

• What is the boundary line between properties? 
• What compensation should be paid for the release of this restrictive covenant? 
• Has the builder done a good job? 
• 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 only one aspect of a dispute that needs to be considered in order to ensure that you are best positioned to win. If you need advice or assistance on this or any other issue relating to your dispute; claim or defence, don’t hesitate to contact our team and we will be happy to help you.

What is an Expert Report?

An export report stands as the written evidence of the expert on the questions of fact that the court has given permission for the expert to give evidence on. 

Permission needs to be sought to rely on an expert report under Part 35 of the Civil Procedure Rules. The court will either give permission for a single joint expert report or for the parties to obtain separate expert reports.

The permission stage is not designed to deprive the court of the benefit of expert evidence but to manage what expert evidence is admissible so that the court proceedings are managed fairly, at reasonable and proportionate cost to the parties and with a fair allocation of the court’s time and resources. 

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. However, using experts in the courtroom is not an automatic right, and there are strictly defined rules governing when and how to do this. 

Expert advice can be pivotal in reducing or settling claims, so it pays to take specialist legal advice early during a dispute. Contact Helix Law for strategic guidance on how expert evidence may benefit your claim.