England & Wales Civil Courts | CPR Part 35 & Practice Direction 35
Overriding Duty to the Court
Under CPR Part 35, a financial expert witness owes an overriding duty to the court that takes precedence over any obligation to the instructing party. Expert opinions must be objective, unbiased, and confined to areas of genuine expertise.
Expert Declaration & Statement of Truth
Reports must follow Practice Direction 35, including a formal expert declaration, statement of truth, and confirmation that the expert understands their primary allegiance is to the court rather than the instructing firm.
Single Joint Expert vs Adversarial Proceedings
Single joint expert (SJE) instructions require neutral joint frameworks and transparent scope. In adversarial proceedings, experts must disclose all assumptions, data limitations, ranges of opinion, and instructions received.
Business & Property Courts and Chancery
Commercial fraud, shareholder disputes, and valuation matters frequently proceed in the Business and Property Courts or Chancery Division. Reports must address pleaded issues, quantify loss on an agreed or assumed basis, and distinguish fact from opinion clearly.