Can extra questions be asked on an expert’s report? That is the question often asked. The answer is YES that under CPR Rule 35.6 parties are enabled to seek clarification of an expert’s report by means of written questions, the answers to which will then form part of the report.
Under the heading of ‘Written questions to experts’, Rule 35.6 states that:
(1) A party may put written questions about an expert’s report (which must be proportionate) to –
(a) an expert instructed by another party; or
(b) a single joint expert appointed under rule 35.7
(2) Written questions under paragraph (1) –
(a) may be put once only;
(b) must be put within 28 days of service of the expert’s report; and,
(c) must be for the purpose only of clarification of the report, unless in any case –
(i) the court gives permission; or
(ii) the other party agrees.
(3) An expert’s answers to questions put in accordance with paragraph (1) shall be treated as part of the expert’s report.
(4) Where –
(a) a party has put a written question to an expert instructed by another party; and
(b) the expert does not answer that question, the court may make one or both of the following orders in relation to the party who instructed the expert –
(i) that the party may not rely on the evidence of that expert; or
(ii) that the party may not recover the fees and expenses of that expert from any other party