Instructing Surveyors: The Part 35 Compliance Checklist

Part 35 of the Civil Procedure Rules is not optional guidance. It is the framework that determines whether your surveyor's evidence stands or falls. I have seen too many HDR claims stumble at the expert evidence stage because the CMC sent a vague instruction letter and hoped the surveyor would figure out the legal requirements. That is not how this works.

Your instruction letter must explicitly reference CPR 35.3 and remind the expert of their overriding duty to the court. This is not a formality. In Jones v Kaney [2011] UKSC 13, the Supreme Court removed immunity for expert witnesses, meaning surveyors can be sued for negligent reports. A surveyor who understands this produces better work. Your instruction should state that their duty to assist the court overrides any obligation to you or your client.

The letter must define the expert's instructions with surgical precision. Specify the properties to inspect, the defects alleged in the letter of claim, and the exact questions you need answered. Do not ask them to comment on liability in general terms. Ask whether the damp in the rear bedroom is caused by a failure to maintain the roof as required under section 11 of the Landlord and Tenant Act 1985. Specific questions yield defensible answers.

Include a deadline for the report and state clearly that it must comply with Practice Direction 35. This means the report needs a statement of truth, a declaration of the expert's qualifications, details of any literature relied upon, and a summary of their conclusions. If the surveyor has not produced Part 35 compliant reports before, attach a template or send them the practice direction directly.

Finally, confirm the fee structure in writing and obtain agreement before the inspection. A surveyor who is chasing payment is a surveyor who might cut corners. Your instruction letter is not administrative paperwork. It is the foundation document that shapes whether your expert evidence survives cross-examination. Get it right at the start or pay the price at trial.