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08 October 2009 / Stephen Gold
Issue: 7388 / Categories: Features , Civil way , Procedure & practice
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Civil way: 9 October 2009

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The 50th update to the Civil Procedure Rules 1998 came into force on 1 October 2009. Here’s the best of it.

Experts to tell the truth

There is more to the Pt 35 and PD35 changes than semantics. Honest. For a start, we now find an express requirement for proportionality in the putting of questions to an expert. And the joint statement by opposing experts is to set out and not simply show the issues on which they agree and disagree which is presumably the Rule Committee’s way of saying “Sock it to ‘em”.

The expert’s statement of truth verifying a report is revised. “I confirm that I have made clear which facts and matters referred to in this report are within my own knowledge and which are not. Those which are within my own knowledge I confirm to be true. The opinions I have expressed represent my true and complete professional opinions on the matters to which they refer.” Spot the differences? Well the revision would make it more difficult

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