CPR Part 35 governs expert evidence in civil proceedings and is applied by analogy in immigration tribunal proceedings. The rules establish the expert's paramount duty to the tribunal, requirements for expert reports, and procedures for joint experts and oral evidence.
The foundational principle from Ikarian Reefer [1993] 2 Lloyd's Rep 68 requires experts to provide independent, objective evidence regardless of who instructs or pays them. Immigration tribunal experts owe the same duty — their overriding obligation is to assist the tribunal, not to advance the instructing party's case.
CPR Part 35.3 requires experts to state the substance of all material instructions, identify assumptions, distinguish fact from opinion, and state the range of opinion where there is a range. The Immigration Tribunal Practice Direction 2024 and Adam Pipe October 2025 guidance reinforce these requirements for immigration appeals.
Solicitors instructing experts should understand CPR Part 35 obligations to avoid improper influence on report content. Letters of instruction should ask questions, not suggest answers. Experts who cannot support the instructed position must say so clearly.
Related Resources
- Expert witness framework
- Qualifications
- Glossary: CPR Part 35
- Immigration expert witness network directory
- How to instruct an expert witness
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Frequently Asked Questions
Does CPR Part 35 apply to immigration tribunals?
CPR Part 35 is applied by analogy in immigration tribunal proceedings. The principles of expert independence, report content, and tribunal duty are fully applicable, reinforced by the Immigration Tribunal Practice Direction 2024.
What is the expert's duty under CPR Part 35?
The expert owes a paramount duty to the tribunal to provide independent, objective evidence within their expertise. This overrides any obligation to the instructing party.