A CPR 35 expert report is a formal expert witness report prepared in accordance with Part 35 of the Civil Procedure Rules (CPR). For expert surveyors involved in property disputes, a CPR 35 report is the cornerstone of providing independent, objective and court-compliant expert evidence.
What Is a CPR 35 Expert Report?
A CPR 35 expert report is a structured expert witness report used in civil litigation in England and Wales. It sets out the expert’s professional opinion on matters within their expertise and is prepared specifically to assist the court, not the instructing party.
For surveyors acting as expert witnesses, a CPR 35 report commonly addresses issues such as valuation disputes, dilapidations claims, diminution in value, professional negligence, boundary disputes and landlord and tenant matters.
The Role of the Expert Surveyor
An expert surveyor providing an expert witness report under CPR 35 owes their overriding duty to the court. This duty overrides any obligation to the client, solicitor or party who has instructed them.
The expert surveyor must provide an independent and unbiased opinion, based on their professional experience, market evidence and recognised surveying methodology.
Key Requirements of a CPR 35 Report
A compliant CPR 35 expert report must include a number of mandatory elements, including:
• The expert’s qualifications, experience and professional standing
• The instructions received and the issues to be addressed
• The facts, assumptions and documents relied upon
• The expert’s reasoned opinions and conclusions
• Confirmation of compliance with CPR 35 and the expert’s duty to the court
• A statement of truth signed by the expert
Relevance of CPR 35 to Expert Surveyors
For expert surveyors, compliance with CPR 35 is critical. A report that does not meet CPR 35 requirements may be given reduced weight by the court or excluded entirely.
Surveyors preparing expert witness reports must demonstrate clear reasoning, transparency in methodology and a logical link between evidence and opinion. This is particularly important in valuation-based disputes, including diminution in value and Section 18 dilapidations claims.
CPR 35 Reports and Diminution in Value
In cases involving diminution in value, a CPR 35 expert report prepared by a valuation surveyor will often be central to the court’s decision-making. The report must explain the valuation approach adopted, the relevant market evidence and how the diminution has been quantified.
The court relies on the expert surveyor’s CPR 35 report to understand complex valuation principles in a clear, objective and accessible manner.
Why CPR 35 Compliance Matters
A properly prepared CPR 35 expert report enhances credibility, assists early settlement discussions and provides robust evidence if proceedings continue to trial.
For surveyors, acting as an expert witness under CPR 35 requires not only technical expertise but also a detailed understanding of court procedure, independence and reporting standards.
Conclusion
A CPR 35 expert report is fundamental to the role of expert surveyors in litigation. By ensuring strict compliance with CPR 35, expert surveyors can provide reliable, defensible and court-ready expert witness reports that carry significant weight in legal proceedings.
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