Civil Procedure Rule(CPR) Part 35 Compliant Expert Witness Report: Sewage Treatment Plant Nuisances

Sewage Settlement Tanks/ Clarifiers





I'm currently working on a CPR Part 35 Expert Witness Report in a case to do with odour and noise nuisance arising from a small rural sewage treatment plant operated by a UK water plc. These rules, and the accompanying practice directions are supposed to govern the preparation of all expert reports, though I see many reports which clearly do not.

Practice direction 35 states under "Expert Evidence – General Requirements :

2.1 Expert evidence should be the independent product of the expert uninfluenced by the pressures of litigation.

2.2  Experts should assist the court by providing objective, unbiased opinions on matters within their expertise, and should not assume the role of an advocate.

2.3 Experts should consider all material facts, including those which might detract from their opinions.

2.4 Experts should make it clear –

(a) when a question or issue falls outside their expertise"

I'm afraid I see a great many reports from other engineers, (or sometimes "engineers") which breach one or more of these directions. The only way the "experts" who produce such reports get away with it is because 98% of cases never get to the point of trial. In the meantime, their "helpful" attitude ensures that they will never be short of work from litigators looking to get an edge with a report from a hired gun.

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Published on October 04, 2024 08:18
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