Late expert reports risk refusal under Rule 15 or reduced weight at the tribunal's discretion. Solicitors should not assume late reports will be admitted — the tribunal has discretion but late evidence faces significant scrutiny.
Where full reports cannot meet deadlines, experts may provide focused interim opinions or staged reports — but this requires tribunal permission and early communication with the tribunal. Experts should flag feasibility immediately when instructions are received close to deadlines.
Practical remedies for solicitors include applying for an extension of time before the deadline, seeking directions for staged evidence, and instructing experts with realistic timelines at the earliest opportunity. Standard turnaround is 2 to 3 weeks for a focused report.
Late evidence directions should explain the reason for delay, the importance of the evidence to fair determination, and any prejudice to the opposing party. Practice Direction 2024 and tribunal directions on expert evidence exchange must be followed.
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Frequently Asked Questions
What happens if an expert report is late?
Late expert reports risk refusal under Rule 15 or reduced weight. The tribunal has discretion but solicitors should not assume late reports will be admitted.
Can partial or interim expert reports be submitted?
Where full reports cannot meet deadlines, experts may provide focused interim opinions or staged reports — but this requires tribunal permission and early communication with the tribunal.