Under Part 36, may a party rely on expert evidence without court permission?

• A. Yes, if there is a written report.
• B. No party may rely on expert evidence without the court's permission.
• C. No, expert evidence is always admissible without permission.
• D. Yes, provided the expert is chosen by agreement.

Answer: (B)

The main idea this question tests is that Part 36 requires the court’s permission before a party can rely on expert evidence. The court serves as a gatekeeper to ensure that seeking or admitting expert opinions is necessary, proportionate, and appropriate for the dispute. A written report alone does not automatically give a party the right to rely on the expert’s evidence at trial; permission from the court is needed to introduce or rely on that evidence in proceedings. Even if an expert is chosen by agreement or a report exists, the court’s permission is still typically required to rely on that evidence, because the court controls what evidence may be admitted and how it will be used. For these reasons, the correct stance is that no party may rely on expert evidence without the court’s permission.