Overview

Part 35 questions to experts play a crucial role in civil litigation and can significantly influence the strength, clarity and admissibility of expert evidence. This webinar provides a clear and practical guide to the rules governing Part 35 questions, including when they can be put, how they should be framed, and the limits imposed by the courts.

Delegates will explore the key case law shaping the approach to Part 35 questions and consider the practical implications for legal practitioners and experts alike. The session examines common issues such as unreasonable questions, failures to answer, and cost consequences, ensuring practitioners understand how to use Part 35 effectively and proportionately.

The webinar will then go on to consider the principles relating to the drafting of agendas for experts' meetings, the courts have observed that written agendas cannot be used as a device to interrogate experts, or as a means of putting questions that have already been disallowed.

Learning outcomes

• Understand the purpose and legal framework governing Part 35 questions
• Identify when Part 35 questions can properly be put to an expert
• Recognise the limits of “clarification” and when questions may exceed what is permitted
• Know the available options when an expert fails to answer or refuses to answer questions
• Evaluate how to respond to unreasonable or oppressive Part 35 questions
• Understand the cost implications associated with asking and answering Part 35 questions
• Know the guidance given in relation to drafting an agenda for a meeting of experts
• Know what practical steps you can take if the parties cannot agree an agenda
• Apply case law and practical guidance to manage expert evidence effectively