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The Academy recommends as best practice that at the end of every Expert's Report there should be a Declaration clearly setting out the Expert's understanding of his role, duties and an acknowledgement that he has complied with all appropriate rules and requirements.
Under both the Civil Procedure Rules [CPR] of England and Wales and the Criminal Procedure Rules [CrPR] there are mandatory requirements that the Expert must enclose a Statement of Truth, as shown below, in their report.
Statement of Truth in Civil Proceedings - effective 1st October 2009
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.
Statement of Truth in Criminal Proceedings
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.
When the revised Model Form of Expert's Report was launched on 11th June 2008 the Academy also published revised declarations for Civil and Criminal reports. The declaration for reports prepared for Arbitration has not changed. Following the 50th Update to CPR on 1st October the Declaration for use in Civil Reports has been amended to reflect the changes.
Current Expert's Declarations |
Click images to download |
Declaration for use in Civil Proceedings |
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Declaration for use in Criminal Proceedings |
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Declaration for use in Arbitrations |
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Declaration for use in Civil Proceedings (Hong Kong) |
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Model Form of Expert's Report
Details of the full Model Form of Expert's Report which contains not just the Expert's Declarations but a wealth of guidance on how to prepare a 'judge friendly' report are available here.
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