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Expert Witness Declaration for the United Kingdom

Expert Witness Declaration Template for England and Wales

An Expert Witness Declaration is a formal document used in legal proceedings under the laws of England and Wales, where a qualified professional declares their expertise, independence, and compliance with Civil Procedure Rules (CPR) Part 35. The declaration confirms the expert's understanding of their duty to the court, the truthfulness of their statements, and their qualification to provide expert opinion in specific areas. It serves as a foundational document accompanying expert reports and testimony.

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What is a Expert Witness Declaration?

The Expert Witness Declaration is a critical document required in legal proceedings within England and Wales when expert testimony is needed. It establishes the expert's credentials, independence, and understanding of their obligations under CPR Part 35. This declaration must be provided alongside expert reports and is essential for ensuring the admissibility of expert evidence in court. The document serves to validate the expert's qualifications, confirm their understanding of their duty to the court above any duty to their client, and declare any potential conflicts of interest.

What sections should be included in a Expert Witness Declaration?

1. Expert's Details: Full name, professional qualifications, experience, and current position

2. Case Details: Court reference, case name, and parties involved

3. Statement of Truth: Declaration confirming truth of contents and understanding of expert's duty to court

4. Scope of Expertise: Clear statement of areas of expertise relevant to the case

5. Declaration of Understanding: Confirmation of understanding CPR requirements and expert's duties

What sections are optional to include in a Expert Witness Declaration?

1. Conflicts Declaration: Statement regarding any potential conflicts of interest, used when relevant

2. Previous Court Experience: Details of previous expert witness experience, used when specifically requested

3. Joint Expert Statement: Required when acting as a joint expert for multiple parties

What schedules should be included in a Expert Witness Declaration?

1. CV/Resume: Detailed professional background and qualifications

2. List of Documents Reviewed: Comprehensive list of materials considered in forming expert opinion

3. Professional Certifications: Copies of relevant professional certificates and accreditations

4. Previous Publications: List of relevant published works in the field of expertise

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

England and Wales

Publisher

Ƶ

Document Type

Witness Statement

Sector

Marketing

Cost

Free to use

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