Expert Declarations

The Academy recommends as best practice that at the end of every Expert’s Report there should be a Declaration by the Expert Witness clearly setting out the Expert’s understanding of his role, duties and an acknowledgement that he has complied with all appropriate rules and requirements.

For England & Wales TAE has published four Declarations for use in:

Following the 76th Update of CPR coming into force on 1st December 2015 there is also a declaration which should be appended to the end of a Joint Statement following the Discussions of Experts. The statement is available here.

Statements of Truth

Under the Civil Procedure Rules [CPR] of England and Wales, the Criminal Procedure Rules [CrimPR] and the Family Procedure Rules [FPR] there are mandatory requirements that the Expert must enclose a Statement of Truth, as shown below, in their report.

I confirm that I have made clear which facts and matters referred to in this report are within my own knowledge and which are not. Those that are within my own knowledge I confirm to be true. The opinions I have expressed represent my true and complete professional opinions on the matters to which they refer.

From 1st October 2020 the following should be added to the end of the Statement of Truth.

I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.

I confirm that I have made clear which facts and matters referred to in this report are within my own knowledge and which are not. Those that are within my own knowledge I confirm to be true. The opinions I have expressed represent my true and complete professional opinions on the matters to which they refer.*

………….

* Where the report is for use in Children Proceedings the following must be added “I also confirm that I have complied with the Standards for Expert Witnesses in Children Proceedings in the Family Court which are set out in the Annex to Practice Direction 25B- The Duties of an Expert, the Expert’s Report and Arrangements for an Expert to Attend Court.”

I confirm that the contents of this report are true to the best of my knowledge and belief and that I make this report knowing that, if it is tendered in evidence, I would be liable to prosecution if I have wilfully stated anything which I know to be false or that I do not believe to be true.

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