What Makes a Psychiatric Report CPR Part 35 Compliant?

Introduction

Civil Procedure Rules Part 35 governs the use of expert evidence in civil proceedings in England and Wales. Psychiatric reports relied upon by the court must comply with both the procedural requirements of CPR Part 35 and the accompanying Practice Direction 35 in order to be admissible and to carry appropriate evidential weight.

This guidance outlines the key features solicitors should expect to see in a psychiatric report prepared in accordance with CPR Part 35. It is intended to assist legal professionals in understanding how compliance shapes the structure, content, and presentation of psychiatric expert evidence.

This resource provides general information and does not constitute legal advice.

The Expert's Overriding Duty

CPR 35.3 establishes that an expert's overriding duty is to the court. This duty takes precedence over any obligation to the party instructing or remunerating the expert.

In the context of psychiatric evidence, this principle requires that opinions expressed in the report are independent, objective, and uninfluenced by the interests of any party or by the desired outcome of the proceedings. A compliant psychiatric report must demonstrate that the expert's role is to assist the court on matters within their professional expertise, rather than to advance a particular case theory.

Independence is not merely a formal requirement; it should be evident throughout the reasoning, conclusions, and tone of the report.

Required Contents of a CPR Part 35 Compliant Psychiatric Report

Practice Direction 35 sets out the matters that should be addressed in an expert report. In broad terms, a CPR Part 35 compliant psychiatric report will typically include the following:

• Details of the expert's professional qualifications, clinical experience, and relevant expertise
• A statement of the substance of all material instructions received, whether written or oral
• A clear account of the facts, clinical findings, and assumptions upon which the opinions are based
• Identification of any literature or external material relied upon, where relevant
• A structured consideration of the issues addressed, with the expert's opinion on each
• Where there is a recognised range of professional opinion, an outline of that range and an explanation of the expert's own position
• A clear summary of conclusions reached
• Confirmation that the expert understands and has complied with their duty to the court

The report should enable the court and the parties to understand not only the expert's conclusions, but also the reasoning process by which those conclusions were reached.

The Expert Declaration

Every CPR Part 35 compliant psychiatric report must contain an expert declaration in the prescribed form.

Through this declaration, the expert confirms that they understand their overriding duty to the court, that they have complied with that duty, and that they are aware of the requirements of CPR Part 35 and Practice Direction 35. The declaration also confirms that the expert has not been instructed on a contingent or outcome-dependent basis.

The presence and correct formulation of the declaration is a core procedural requirement.

Statement of Truth

In addition to the expert declaration, the report must be verified by a Statement of Truth in the prescribed form.

The Statement of Truth confirms that the expert believes the facts stated in the report are true and that the opinions expressed represent their genuine and independent professional opinion. This verification is essential to the report's procedural validity.

Clarity, Structure, and Reasoning

While CPR Part 35 does not prescribe a particular writing style, a compliant psychiatric report should be clearly structured and intelligible to a non-specialist reader.

Psychiatric terminology should be explained where used, and the logical progression from clinical findings to opinion should be transparent. The court must be able to follow the expert's reasoning without specialist psychiatric knowledge. Clear differentiation between factual matters, clinical observations, and professional opinion is essential.

Limitations and Qualifications

A compliant psychiatric report should expressly identify any material limitations affecting the opinion provided. These may arise from factors such as incomplete records, the passage of time, the retrospective nature of the assessment, the scope of the instruction, or the boundaries of the expert's expertise.

Where an opinion cannot be expressed with certainty, this should be stated candidly, together with an explanation of the reasons. Courts expect experts to be open about the limits of their conclusions and the degree of confidence that can properly be placed upon them.

Responding to Part 35 Questions

Under CPR 35.6, parties are entitled to put written questions to an expert for the purpose of clarification. Answers to such questions must be provided within 28 days, unless the court directs otherwise, and form part of the expert evidence.

A compliant expert will respond to Part 35 questions fully, objectively, and consistently with the same overriding duty to the court that governs the original report.

Conclusion

CPR Part 35 compliance is not a mere procedural formality. It reflects the fundamental principles underpinning expert evidence: independence, objectivity, transparency, and assistance to the court.

Solicitors instructing psychiatric experts should expect reports that adhere to these standards. Where questions arise as to compliance, clarification can often be achieved through careful review of the report's structure, declarations, and reasoning.