Joint Statement
Expert Witness Reports
Our chambers prepares joint statements under CPR 35.12 to identify and narrow issues between experts, ensuring compliance with Civil Procedure Rules and the Civil Justice Council 2014 Guidance. We accept instructions for discussions conducted via telephone, email, or face-to-face, with a focus on clarity and adherence to court directions.
The CPR 35.12 joint
statement process.
Our chambers prepares joint statements under CPR 35.12 to facilitate discussions between experts, identifying areas of agreement and narrowing contested issues. These statements are not binding unless parties agree but are critical in streamlining litigation and reducing trial complexity.
Members of our chambers conduct these discussions with strict adherence to CPR Part 35 and Practice Direction 35, ensuring the joint statement serves the court’s needs rather than the parties’ respective cases. The process is designed to avoid unnecessary prolongation of disputes, as highlighted in Manchester University Hospitals NHS Foundation Trust v JS.
Three stages where
joint statements matter.
Post-exchange of reports
Our chambers accepts instructions for joint expert discussions following the exchange of individual reports. This stage focuses on identifying areas of agreement and clarifying differences under CPR 35.12, ensuring the joint statement is prepared in line with court expectations.
Court-directed discussions
Where the court directs a joint discussion under CPR 35.12, our experts facilitate structured dialogue to narrow issues. The resulting joint statement is filed with the court, providing a clear record of expert consensus and remaining disputes for trial preparation.
Pre-trial refinement
Instructions accepted by our chambers include pre-trial joint discussions to finalise expert positions. This ensures the joint statement reflects the latest evidence and adheres to the court’s overriding objective of proportionality and efficiency.
What the joint statement
must include.
Introduction & scope
Identifies the experts involved, the date and method of discussion, and the specific issues addressed under CPR 35.12. This section sets the parameters for the joint statement and confirms compliance with court directions.
Areas of agreement
Lists the issues on which experts agree, including diagnostic criteria, causation principles, or treatment recommendations. This section narrows the scope of dispute and reduces the issues requiring judicial determination.
Areas of disagreement
Clearly delineates remaining differences, with concise reasoning for each expert’s position. This section avoids advocacy and focuses on clinical or evidential rationale, as required by CPR 35.3.
Response to Part 35 questions
Addresses any written questions posed under CPR 35.6, ensuring answers are incorporated into the joint statement. This section demonstrates compliance with procedural requirements and clarifies issues raised by the parties.
Conclusions & recommendations
Summarises the key points of agreement and disagreement, with recommendations for further evidence or clarification if necessary. This section supports the court’s decision-making process and aligns with the Civil Justice Council 2014 Guidance.
Signatures & declaration
Includes signed declarations from all experts confirming the joint statement accurately reflects the discussion and their independent opinions. This section complies with CPR 35.12(5) and Practice Direction 35.
Annexes & appendices
Attaches any supporting documents, such as revised opinions, additional data, or references cited during the discussion. This ensures transparency and provides the court with a complete record of the experts’ reasoning.
How the joint discussion
is conducted.
Our chambers coordinates joint expert discussions under CPR 35.12 with a focus on procedural compliance and clinical rigour. The methodology ensures the joint statement is prepared efficiently and aligns with the court’s expectations for clarity and conciseness.
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01
Pre-discussion review
Experts review each other’s reports and identify key areas of agreement and disagreement. This stage ensures the discussion is targeted and productive, avoiding unnecessary repetition of uncontested points.
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02
Structured discussion
Discussions are conducted via telephone, email, or face-to-face, as directed by the court or agreed by the parties. Our experts facilitate dialogue to clarify positions and explore potential areas of consensus under CPR 35.12.
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03
Drafting the statement
The joint statement is drafted collaboratively, with each expert contributing to the sections reflecting their opinions. The document is reviewed to ensure it adheres to the requirements of Practice Direction 35 and the Civil Justice Council 2014 Guidance.
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04
Finalisation & signatures
The final joint statement is circulated for approval and signed by all experts. This confirms the document accurately represents the discussion and their independent opinions, as required by CPR 35.12(5).
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05
Filing with the court
The signed joint statement is filed with the court and served on the parties. Our chambers ensures the document is submitted within the directed timeframe, supporting the litigation timetable.
Every civil claim where
expert evidence is relied upon.
Our chambers accepts instructions for joint statements across all civil litigation where expert evidence is admissible under CPR Part 35. The process is designed to support the court’s overriding objective of proportionality and efficiency.
Questions from
instructing solicitors.
What is the purpose of a joint expert report under CPR 35.12?
To narrow issues. The joint statement under CPR 35.12 is designed to identify areas of agreement and disagreement between experts, reducing the scope of contested matters for trial. It is not a binding agreement but a tool to streamline litigation and support the court’s decision-making process.
Is a joint statement mandatory in all civil cases?
No. Joint discussions and statements are not obligatory unless directed by the court under CPR 35.12. However, where the court orders such discussions, our chambers ensures compliance with the procedural requirements and timetable.
How long does it take to prepare a joint statement?
2–4 weeks post-discussion. The timeline depends on the complexity of the issues and the experts’ availability. Our chambers coordinates the process to meet court deadlines and ensures the joint statement is filed within the directed timeframe.
Can experts refuse to answer questions in a joint discussion?
No. Experts must answer appropriate questions posed under CPR 35.12 or risk costs sanctions and potential inadmissibility of their evidence, as outlined in St John’s Chambers guidance on instructing experts.
What happens if experts cannot agree on the joint statement?
Court directions are sought. If experts cannot resolve differences, the joint statement will record the areas of disagreement, and the court may give further directions under CPR 35.12 to address the impasse.
Are joint statements admissible as evidence at trial?
Yes. The joint statement is filed with the court and forms part of the expert evidence. It is admissible under CPR 35.12 and may be relied upon by the court in determining the issues in dispute.
Need a joint expert report
for your case?
Send a brief summary of the issues in dispute and any court directions under CPR 35.12. Our chambers will confirm expert availability, scope, and a timetable aligned with your litigation deadlines.