The Practice Direction: What Expert Witnesses Must Follow

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UK asylum experts must follow specific rules. These rules are not optional. They come from the Practice Direction of the Immigration and Asylum Chamber and from the Civil Procedure Rules. If an expert does not follow them, the report can be rejected by the tribunal. The judge may give it little or no weight. This is a serious risk for the asylum seeker. This article explains what the practice direction expert rules say. It covers the main duties, the form of the report, and the US comparison under Rule 702 and the Daubert test.[1]

For lawyers and experts, knowing these rules is part of the job. For asylum seekers, it is good to know them too. A report that follows the rules carries more weight in court. It also resists challenge from the Home Office or the DHS. Read our full asylum guide for more on how reports support asylum cases.

UK Practice Direction 10 of the Immigration and Asylum Chamber

Practice Direction 10 (PD 10) is the main rule for expert evidence in UK asylum tribunals. It applies to the First-tier Tribunal and the Upper Tribunal. It was last updated by the Senior President of Tribunals in 2023. PD 10 sets out who can be an expert, what duties they have, and what their report must contain.[2]

The first key point is the expert's overriding duty. PD 10 says: the expert's duty is to the court, not to the party paying the fee. This means the expert must be independent. They must give an honest opinion. They cannot favour the asylum seeker just because the asylum seeker's lawyer instructed them. They cannot favour the Home Office either. This duty is the foundation of all expert evidence.

The second key point is the form of the report. PD 10 requires the report to set out the expert's qualifications, the documents they read, the questions they were asked, the methodology, the sources, and the range of opinion. It must also include a declaration of independence and a statement of truth. Without these elements, the report fails to meet the rule.

The Expert's Overriding Duty

The overriding duty is the most important rule. It comes from CPR Part 35.3 in the UK and is repeated in PD 10. The expert must put the court first. The party paying the fee comes second. This is sometimes hard for new experts. They feel loyal to the lawyer who instructed them. But the rule is clear. The duty to the court is higher.[3]

What does this mean in practice? It means the expert cannot hide weaknesses in the case. If the country evidence is mixed, the expert must say so. If a similar case had a different outcome, the expert must mention it. The expert must give the full picture, not a one-sided picture. This is called the "range of opinion" rule. The expert must tell the court if other reasonable experts might disagree.

CPR Part 35 Requirements

Civil Procedure Rules Part 35 sets out the basic rules for expert witnesses in England and Wales. These rules apply to many courts, including the immigration tribunals. The main requirements are listed below.[4]

• Declaration of independence. The expert must say they understand their duty to the court.
• Statement of truth. The expert must sign that the report is true and complete.
• Qualifications. The expert must list their education, work, and country knowledge.
• Sources. All facts in the report must come from named sources, not hearsay.
• Methodology. The expert must explain how they reached their opinion.
• Range of opinion. If experts may disagree, the report must say so.
• Material instructions. The expert must say what they were asked to do.

If the expert breaks these rules, the report may still be admitted, but the judge will give it less weight. In serious cases, the report can be excluded.

What the Expert Report Must Contain

An expert report under PD 10 and CPR 35 must include the following sections. Most reports are 15 to 40 pages long. They follow a clear structure so the court can read them easily.[5]

1. Title page with the case name, date, and expert's name.
2. Executive summary of the main findings.
3. Instructions received from the lawyer.
4. Documents reviewed, with a numbered list.
5. Expert's qualifications and CV.
6. Country background and key political context.
7. Specific risk assessment for the client.
8. Range of opinion, including any disagreement among experts.
9. Footnotes and sources, in the OSCOLA or similar style.
10. Declaration of independence and statement of truth.

Table: Practice Direction 10 Requirements at a Glance

The table below lists the key duties under PD 10 and shows what the expert must do for each duty. Use it as a quick reference.[6]

US Comparison: FRE 702 and the Daubert Test

In the United States, expert evidence in immigration courts follows the Federal Rules of Evidence. Rule 702 is the main rule. It allows a witness to give expert testimony if their knowledge will help the judge. The witness must be qualified. The testimony must be based on enough facts. The methods must be reliable.[7]

The Daubert test, from Daubert v Merrell Dow Pharmaceuticals (1993), gives more detail. The judge is the gatekeeper. The judge checks whether the expert's methods are scientifically valid. The four Daubert factors are: testability, peer review, error rate, and acceptance in the field. For country experts in asylum cases, the test is applied flexibly. Country expertise is often based on long experience, fieldwork, and academic study, not laboratory science.

One key difference between UK and US rules: in the US, the Federal Rules of Civil Procedure require detailed expert disclosures. In the UK, the rules focus more on the contents of the report itself. But in both systems, the expert has a duty to the court, must be independent, and must show their methods clearly.

An expert's opinion evidence may help the trier of fact only if it is based on sufficient facts or data and is the product of reliable principles and methods, reliably applied to the facts of the case.
Federal Rules of Evidence, Rule 702 (US, 2024 amendment)

What Happens If the Expert Does Not Follow the Practice Direction

If the expert does not follow PD 10 or CPR 35, several things can happen. None of them are good for the asylum seeker.

For these reasons, every expert and every lawyer must check that the report meets PD 10. If you are not sure, ask a senior expert for feedback before filing.

How The Human Rights Ensures Compliance

The Human Rights uses a strict quality system for every expert report. Each report goes through three checks. First, the country expert drafts the report. Second, a senior reviewer checks the content, sources, and structure. Third, a legal reviewer checks compliance with PD 10, CPR 35, and (where relevant) FRE 702. Only after all three checks does the report go to the lawyer.

Our experts include the required declaration and statement of truth. They cite every fact. They disclose any range of opinion. They never state whether asylum should be granted. This is the judge's role. Our experts focus on facts, risks, and patterns. To find an expert for your case, visit find expert witness. We also publish detailed country reports that give the background context experts use.

Conclusion

The Practice Direction is not just paperwork. It is the rulebook that makes expert evidence trusted in court. PD 10 in the UK and Rule 702 in the US share the same goal: independent, honest, well-sourced opinion. Every expert must follow the rules. Every lawyer must check the report meets them. When this happens, expert evidence becomes a powerful tool. It helps the judge understand the country, the risk, and the real situation of the asylum seeker. When the rules are broken, the report loses value, and the asylum seeker pays the price. Always work with experts who know the rules and follow them in every report.