The Psychiatrist's Duty to the Court: What Solicitors Need to Know

Introduction

The Civil Procedure Rules Part 35 governs the use of expert evidence in civil proceedings in England and Wales. Psychiatric reports that do not comply with these requirements risk being excluded, given reduced weight, or becoming the subject of procedural challenge. For this reason, CPR Part 35 compliance is not merely a technical issue, but a practical consideration that can materially affect the progress and outcome of a case.

This guidance outlines the key elements solicitors should expect in a psychiatric report prepared in accordance with CPR Part 35 and Practice Direction 35.

The Expert's Overriding Duty

CPR 35.3 establishes that an expert's overriding duty is to the court, not to the party instructing them. This fundamental principle underpins the entirety of a compliant psychiatric report. The opinions expressed must be independent, objective, and uninfluenced by the interests of the instructing party or the anticipated outcome of the proceedings.

The expert's role is to assist the court by providing impartial opinion within their area of expertise. It is not an advocacy role, and this duty takes precedence over any obligation to the party funding the report.

Required Contents of the Report

Practice Direction 35 specifies the mandatory contents of an expert report. A CPR Part 35 compliant psychiatric report should include:

• Details of the expert's qualifications and experience relevant to the issues addressed
• A clear statement of the substance of all material instructions, whether written or oral
• A statement of the facts and assumptions upon which the opinions are based
• Details of any literature, research, or other materials relied upon
• Identification of the issues addressed and the expert's opinion on each
• Where there is a range of opinion, a summary of that range and an explanation of the expert's own position
• A clear summary of conclusions
• Confirmation that the expert understands and has complied with their duty to the court

These requirements are designed to ensure transparency, enable proper scrutiny, and allow the court to understand both the basis and limits of the expert's opinion.

The Expert Declaration

Every CPR Part 35 compliant psychiatric report must contain an expert declaration. This confirms that the expert understands their duty to the court, has complied with that duty, and believes that the opinions expressed represent their true and independent professional view.

The declaration also confirms that the expert is aware of the requirements of CPR Part 35 and Practice Direction 35, and that the instruction is not contingent upon the outcome of the case.

Statement of Truth

The report must be verified by a Statement of Truth in the prescribed form. This confirms that the expert believes the facts stated in the report are true and that the opinions expressed are genuinely held.

Failure to include a properly worded Statement of Truth may render the report procedurally defective.

Clarity and Structure

Although not expressly mandated by CPR Part 35, a compliant psychiatric report should be clearly structured and written in language accessible to a non-specialist reader. Judges, lawyers, and parties must be able to follow the expert's reasoning without specialist psychiatric knowledge.

Where technical terminology is used, it should be explained. The logical progression from factual background and clinical findings to expert opinion should be transparent and coherent.

Limitations and Qualifications

A compliant report should clearly identify any limitations affecting the expert's opinion. These may arise from incomplete records, the passage of time, the nature of the assessment, or the boundaries of the expert's expertise.

Where an opinion cannot be expressed with certainty, this should be stated candidly, together with the reasons. Courts expect experts to be open about the limits of their knowledge and the reliability of their conclusions.

Responding to Part 35 Questions

Under CPR 35.6, parties may put written questions to an expert for clarification of their report. The expert is required to respond within 28 days, and the answers form part of the expert evidence.

A compliant psychiatric expert will respond fully, objectively, and in the same spirit of independence that governed the preparation of the original report.

Conclusion

CPR Part 35 compliance reflects the core principles governing expert evidence: independence, objectivity, and assistance to the court. Solicitors instructing psychiatric experts should expect reports that meet these standards and should be prepared to raise concerns where reports fall short, whether procedurally or substantively.

Understanding these requirements enables solicitors to instruct experts more effectively and to assess the quality and reliability of psychiatric evidence placed before the court.

This guidance is intended to assist solicitors and other legal professionals in understanding the role and responsibilities of psychiatric experts. It does not constitute legal advice, nor is it a substitute for independent legal analysis of procedural requirements in any particular case.