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MKDR / Investigations & evidence / Expert witness & court reports

Court reports · digital evidence, Milton Keynes

You instruct and pay. The duty runs to the court.

A court report is not advocacy with exhibits attached. CPR Part 35 puts the expert's overriding duty to the court above any obligation to the client, the solicitor or the person settling the bill. Written on any other basis it collapses the first time it is tested — so that rule is where every report here begins.

Reports built for court — CPR 35 / CrimPR 19 Custody trail recorded Discreet and even-handed

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Inside a report that complies.

Duty to the courtUnder CPR Part 35 the expert exists to help the court on matters inside their expertise, and that obligation sits above whatever the instructing party wants. It is the first thing in the report and the standard the report is measured by.
Declarations: truth and complianceThe expert states which facts are known personally and are true, that the opinions set out are genuinely held and left complete, and that Part 35 together with its practice direction has been complied with.
Method, and the exhibit trailArrival, imaging, hash values, analysis and where the item sat at every point, all cross-referenced closely enough for a second examiner to walk the same path.
What could be held against usSince 2019 the criminal rules have obliged an expert to reveal anything bearing on their standing, and holding no accreditation is specifically listed. We put ours in the opening pages instead of a footnote at the back.

Which report suits which case.

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Report typeWhere it's usedWhat's inside
Plain findings reportBoard decisions, HR matters, early adviceThe findings, how they were reached, conclusions in everyday words
Insurance and loss claims reportQuestions of cause, scale and who is liableFindings with a causation section and exhibits
Report under CPR Part 35Civil claims in England and WalesDuty to the court set out, instructions recorded, full method, signed statements of truth and compliance
Report under CrimPR Part 19Cases before the criminal courtsThe same, in the criminal form: qualifications, the material that speaks to reliability, credibility disclosed
One expert, jointly instructedWhen the court orders a single expert for both partiesOne report, both sides on equal terms, the court ranking above both
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Each stage of the work.

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01

A confidential chat first, then a written quote Free

Work opens with a confidential briefing. You set out what has happened, which devices and accounts are involved, and what the evidence needs to prove. That fixes the scope, and the scope fixes one written quote, agreed before any examination starts. The scoping itself costs nothing.

Handled quietlyOne written quote, fixedThe question defined exactly
02

Declared at the outset

The letter of instruction is logged and summarised inside the report. Anything that might touch on our credibility — an independent lab holding no accreditation, to start with — is on the table before examination begins, not dug out afterwards by the other side.

Instructions on recordOur standing stated first
03

Written to be attacked

Each step is done, and recorded, on the assumption that an opposing expert will read it in detail — which, sooner or later, one does. What we conclude doesn't shift to suit whoever instructed us.

Court above instructing partyConclusions stay as written
04

Built to the rule book

Depending on the matter, the report is drawn to CPR Part 35 or to CrimPR Part 19: full method, exhibits, an unbroken custody chain, the statements of truth and of compliance. Conclusions come first in plain English; the technical annex sits behind them.

Drawn to CPR 35 or CrimPR 19Plain summary at the front
05

Imaged, logged, ready for court

Everything comes to you: the report, the exhibits, the underlying files, the hash values, the continuity log and our bench notes. Another expert — or a tribunal — can then retrace every step of the work for themselves.

Exhibits and reportHashes recorded, chain unbrokenStands up to challenge

What the lab will and will not say

  • Everything hangs on the overriding duty — assisting the court outranks any obligation owed to the party instructing or funding the work, and a report that forgets it is finished before it starts.
  • The criminal rules ask for reliability material — qualifications, experience and whatever else lets a court decide what an opinion is actually worth.
  • A joint appointment alters the shape of things — two instructing parties, one examiner, nobody's side to be on. We accept that work.
  • Being readable is part of complying — if the bench can't follow it, the report has failed, however immaculate the working behind it.

One question worth asking any expert you appoint: the criminal practice directions have, since April 2019, called for disclosure of anything capable of undermining an expert's reliability, and an absent accreditation is named. Bury it and the case carries the risk. Ours appears at the front of every report.

Lately in the casebook.

MK · MKD-2026-4534CONFIRMED ✓

A Buckinghamshire dispute settled by one Part 35 report

One folder gone, two companies, two accounts that would not line up. Neither version survived the image intact, and the timeline set that out in plain words. The case settled inside a month of the report landing.

Ended post-exchangeCPR 35 compliant

While it is still in your hands.

Worth doing

  • Say up front if this may end in court — it changes how we work
  • Send the instruction letter over promptly
  • Forward any questions raised by the opposing expert
  • Leave enough time; a report done properly takes weeks

Best avoided

  • Push for a finding the evidence won't carry
  • Edit what we wrote — argue with it on the evidence instead
  • Expect a Part 35 report inside seven days
  • Hunt for an expert who agrees in advance; judges notice

Quiet questions, plain answers.

Forensic report or expert witness report — where's the difference?

The findings report covers what was found and the path to it. A court report goes further: the expert's duty to the court above all, a statement of truth, a compliance declaration, the instructions in summary, the full method, the chain of custody — plus anything that might bear on credibility.

Whose side is an expert witness on?

In law, the expert's first duty is owed to the court. It outranks any duty to the party paying or instructing — and that is precisely why a compliant report carries weight.

Can you take a single joint expert role?

Yes. If the court appoints a single joint expert, the same report goes to both parties on the same terms — which has a way of focusing minds.

Does a lack of accreditation hurt us in court?

Disclosure is required, so it gets disclosed. The court then weighs it against the method, and method is what a report stands on. Experts come unstuck by overclaiming; we state only what we can demonstrate.

Evidence has a short life. Move now.

Loop recording writes over the old footage, and deadlines won't wait. Open a case now — the first look costs nothing and stays confidential.

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