Understanding CPR 35: The Framework for Expert Witness Reports

When acting as an expert witness in medico-legal cases, one of the most important professional obligations is working within the framework of CPR 35. This is not just a set of legal requirements. It defines the purpose, integrity, and impartiality that an expert must bring to every report and every case. It is the standard by which expert evidence is judged in court. For solicitors, barristers, and agencies working with experts, understanding CPR 35 is critical. For the expert witness, it is non-negotiable.

What is CPR 35?

CPR 35 refers to Part 35 of the Civil Procedure Rules. These are the rules that govern civil court proceedings in England and Wales. Part 35 specifically covers the use of expert evidence. It sets out what the court expects from expert witnesses and defines their duties, regardless of who instructs them or who pays for their report. In short, CPR 35 tells the expert that they owe their duty to the court. Not to one side of a case. Not to the solicitor instructing them. Not to the agency facilitating the work. The expert’s evidence must be independent, objective, and impartial.

Why does this matter?

In civil cases, courts rely heavily on expert opinion to clarify technical matters. Whether it is a complex surgical procedure, an anaesthetic intervention, or the handling of equipment in theatre, the court cannot form an informed view without expert interpretation. But expert opinion must be evidence-based, transparent, and free of bias. Without that, the entire legal process risks becoming distorted. CPR 35 ensures that expert evidence is grounded in fact, not advocacy. This is what preserves the integrity of the court’s findings.

The role of the expert under CPR 35

An expert working under CPR 35 must do several key things:

• Provide an independent opinion based on their expertise and experience.

• Be aware that their primary duty is to the court.

• Acknowledge that their report may be used by both sides of the case.

• Include a declaration of truth within their report.

• Make clear the sources, assumptions, and limits of their opinion.

• Be open to questioning and cross-examination in court.

This is not simply a matter of writing a good report. It is about understanding the legal context in which the report will be used. The expert must have both clinical expertise and a sound grasp of legal procedure.

How I work within CPR 35

In my medico-legal work, I approach every case with this understanding at the forefront. My background is in anaesthetics, surgical assistance, and perioperative practice across NHS and private settings. I have worked in complex trauma, transplant, organ retrieval, paediatrics, robotics, and advanced surgical environments. I bring this depth of experience to each report. But equally important is the process. I work within the standards of CPR 35. Every report I write includes clear sourcing, transparent reasoning, and an explicit declaration of independence. I never advocate for one side. My role is to provide the court with the clearest, most accurate clinical interpretation of the facts. Solicitors and agencies can rely on me to understand my legal duties and to write reports that meet the expectations of CPR 35.

Why this matters to you

If you are a solicitor, agency, or client seeking an expert in perioperative or theatre practice, you need to know that your expert understands their legal responsibilities. Reports that do not meet CPR 35 standards are at risk of being dismissed or challenged. Worse, they can damage the credibility of your case. A sound report, built within the proper legal framework, strengthens your case and serves the court. This is what I offer. Integrity, clarity, and experience, grounded in the correct legal process.

References

Ministry of Justice. (2024). Civil Procedure Rules Part 35: Experts and Assessors. London: UK Government. Available at: https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part35 [Accessed 21 June 2025].

Bond Solon. (2023). Expert Witness Training: CPR 35 and the Role of the Expert. London: Bond Solon Training.