Putting written questions to the other side's expert (CPR 35.6)
In a building dispute between Ferris Homes Ltd and Quayle Roofing Ltd, the court has given each party permission to rely on a surveyor. Quayle served its surveyor's report on Ferris on 2 March 2026. Ferris's solicitors want to put written questions to Quayle's surveyor to clarify some of the measurements. They also hope to put a second set of questions later, after their own expert has reviewed the answers. Quayle has not agreed to anything beyond what the rules allow, and no order has been made about questions to experts.
Which of the following correctly states the rule on Ferris's written questions to Quayle's surveyor?
Choose one answer to see the reasoning.
Worked answer
Correct answer A: Ferris may put proportionate questions once, within 28 days of service, only to clarify the report, unless the court permits or Quayle agrees; answers form part of the report.
THE RULE TO REMEMBER
Unless the court permits or the other party agrees, written questions to an expert may be put once only, within 28 days of service of the report, for clarification only (CPR 35.6).
Putting written questions to the other side's expert (CPR 35.6)
CPR 35.6(1) allows a party to put written questions about an expert's report, which must be proportionate, to an expert instructed by another party or to a single joint expert. By CPR 35.6(2), the questions may be put once only, must be put within 28 days of service of the report, and must be for the purpose only of clarification of the report, unless the court gives permission or the other party agrees. Quayle's report was served on 2 March 2026, so Ferris has 28 days from service to put one set of clarifying questions. A second set later would need Quayle's agreement or the court's permission. By CPR 35.6(3), the expert's answers are treated as part of the expert's report. If the expert fails to answer, CPR 35.6(4) allows the court to order that the instructing party may not rely on the evidence, or may not recover the expert's fees.
Why B is wrong: CPR 35.6(1)(a) expressly allows questions to an expert instructed by another party, not just to a single joint expert.
Why C is wrong: The period is 28 days, not 14, and the answers are treated as part of the report (CPR 35.6(3)).
Why D is wrong: Questions may be put once only unless the court gives permission or the other party agrees.
Why E is wrong: Questions must be for the purpose only of clarifying the report, not for exploring new issues.
A little more practice done.
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