England and Wales · Court of Protection
When may written questions be put to an expert?
Rule 15.7 ordinarily permits one set of clarification questions within twenty-eight days beginning with service of the expert report. Send copies to the other parties simultaneously. A further occasion requires court permission, party agreement or a practice-direction exception.
- Period
- Rule 15.7 ordinarily permits one set of clarification questions within twenty-eight days beginning with service of the expert report. Send copies to the other parties simultaneously. A further occasion requires court permission, party agreement or a practice-direction exception.
- Trigger
- Service of the relevant expert report
- Rule
- Court of Protection Rules 2017, rule 15.7
The retained official source identifies Court of Protection Rules 2017, rule 15.7. This questioning window differs from permission to instruct an expert or file the report.
Source guide · No automated date
Check the applicable procedure
The report must be from another party’s expert or the relevant single joint expert. Establish the one-set limit and any permitted exception. This questioning window differs from permission to instruct an expert or file the report.
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When may written questions be put to an expert?
Rule 15.7 ordinarily permits one set of clarification questions within twenty-eight days beginning with service of the expert report. Send copies to the other parties simultaneously. A further occasion requires court permission, party agreement or a practice-direction exception.
Responsible actor. The party asking clarification questions of the permitted expert.
Service of the relevant expert report.
The report must be from another party’s expert or the relevant single joint expert. Establish the one-set limit and any permitted exception.
The report must be from another party’s expert or the relevant single joint expert. Establish the one-set limit and any permitted exception.
Court of Protection Rules 2017, rule 15.7How does this provision count time?
- Rule 15.7 ordinarily permits one set of clarification questions within twenty-eight days beginning with service of the expert report. Send copies to the other parties simultaneously. A further occasion requires court permission, party agreement or a practice-direction exception.
- Questions must clarify the report, not create an unrestricted supplementary evidence exercise. The beginning-with count needs a specifically qualified model.
- This questioning window differs from permission to instruct an expert or file the report.
Rule 15.7 ordinarily permits one set of clarification questions within twenty-eight days beginning with service of the expert report. Send copies to the other parties simultaneously. A further occasion requires court permission, party agreement or a practice-direction exception. This questioning window differs from permission to instruct an expert or file the report.
Questions must clarify the report, not create an unrestricted supplementary evidence exercise. The beginning-with count needs a specifically qualified model. The report must be from another party’s expert or the relevant single joint expert. Establish the one-set limit and any permitted exception.
Court of Protection Rules 2017, rule 15.7Which facts prevent one automatic date?
The report must be from another party’s expert or the relevant single joint expert. Establish the one-set limit and any permitted exception. This questioning window differs from permission to instruct an expert or file the report.
A party wants to send one proportionate set of clarification questions about a served expert report. Rule 15.7 imposes the ordinary twenty-eight-day beginning-with limit and confines the questions to clarification. Establish effective report service, scope and the permitted departure provisions before relying on the ordinary period.
The ordinary question period approaches expiry during court closure. Sending questions to an expert differs from filing a document at a closed court office. Do not apply a filing rollover without establishing that it legally governs the required act.
A party proposes a second set or substantive cross-examination in writing. Rule 15.7’s one-set and clarification restrictions matter independently of the date. Obtain the necessary permission or established permitted departure rather than assuming timeliness makes the questions proper.
Which conditions and exceptions apply?
- Applicable procedure and event
- The report must be from another party’s expert or the relevant single joint expert. Establish the one-set limit and any permitted exception.
- Required act and boundary
- Questions must clarify the report, not create an unrestricted supplementary evidence exercise. The beginning-with count needs a specifically qualified model.
- Separate connected procedure
- This questioning window differs from permission to instruct an expert or file the report.
- The report must be from another party’s expert or the relevant single joint expert. Establish the one-set limit and any permitted exception.
- This questioning window differs from permission to instruct an expert or file the report.
What must the responsible actor complete?
Questions about this procedure
When may written questions be put to an expert?
Can a party send repeated sets of questions without permission?
Ordinarily no. Rule 15.7(2)(a) permits questions once only.
Court of Protection Rules 2017, rule 15.7What is the permitted purpose of these questions?
The questions must clarify the expert report.
Court of Protection Rules 2017, rule 15.7Must the other parties receive copies at the same time?
Yes. Rule 15.7(2)(d) requires simultaneous copying and sending.
Court of Protection Rules 2017, rule 15.7Can the parties agree another occasion for questions?
Rule 15.7(3) permits party agreement, court permission or a practice-direction exception.
Court of Protection Rules 2017, rule 15.7What status do the expert’s answers have?
They are treated as part of the expert report.
Court of Protection Rules 2017, rule 15.7What can happen if the instructed expert does not answer?
The court can restrict reliance on the expert’s evidence or recovery of relevant fees under rule 15.7(6).
Court of Protection Rules 2017, rule 15.7Official sources and review
Provisions used (2)
| Provision | Purpose |
|---|---|
| Court of Protection Rules 2017, rule 15.7 | Check the identified procedure, event, counting rule or qualification |
| Court of Protection Rules 2017, rule 2.4 | Check the identified procedure, event, counting rule or qualification |