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MHDR / Forensics and investigations / Expert reports for the courts

Digital evidence · court reporting, Maidenhead

Your instruction, your fee. The court still comes first.

Under CPR Part 35 an expert is retained to assist the court, and that obligation ranks above anything owed to the client, the solicitor or whoever settles the invoice. A report drafted as advocacy with exhibits bolted on will not survive its first serious challenge, so the rule is the foundation everything else is built on.

Court-ready reports under CPR 35 / CrimPR 19 Chain of custody logged Impartial and discreet

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The parts a court expects to find.

Where the duty liesPart 35 defines the expert's function as helping the court within the field they can actually speak to, and places that function above the instructing party's preferences. It stands at the head of the report and sets the measure for all that follows.
Statements of truth and complianceThe report records which facts lie within the expert's own knowledge and are true, confirms that the opinions given are genuinely held and nothing has been withheld, and certifies compliance with Part 35 and its practice direction.
The method and the exhibitsReceipt, acquisition, hash values, examination and the whereabouts of the exhibit throughout, referenced tightly enough that an opposing examiner could repeat every stage.
Matters open to challengeThe criminal rules have required, since 2019, that an expert declare anything touching their credibility, with the want of accreditation named outright. Ours is set out in the opening pages, not tucked into a note at the end.

Matching the report to the matter.

Not sure? Ring the lab →
Which reportWhen it appliesWhat's in it
Ordinary findings reportEarly advice, HR files, board-level decisionsWhat was found, the route to it, and conclusions in ordinary English
Report for insurers and loss claimsWhere cause, extent and liability are in issueThe findings, exhibits, and a section on causation
A report to CPR Part 35Civil proceedings, England and WalesThe overriding duty stated, the instruction recorded, method in full, and signed declarations of truth and compliance
A report to CrimPR Part 19Matters in the criminal courtsAs above, in criminal form: qualifications, the material bearing on reliability, credibility declared
Single joint expert instructionWhere the court directs one expert to serve both sidesA single report, issued to each party alike, with the court above them both
If you post it in: equipment and media come in to the secure intake lab as insured, tracked parcels, and we pay the carriage home; ring first if you would rather talk the packing through. Fuller notes sit on the postage page.

The work, stage by stage.

The full casebook →
01

A quiet briefing first, then a price in writing Free

Every instruction opens in confidence. You set out the incident, the devices and accounts it touches, and what the evidence has to establish; that settles the scope, and the scope settles the single written quote you receive before any examination starts. The scoping conversation is free.

ConfidentialOne fixed quote, in writingExactly what must be proved
02

Put on the table first

Your letter of instruction is recorded and summarised within the report itself. Whatever bears on our credibility — beginning with an independent laboratory that carries no accreditation — is stated before the examination starts, rather than surfacing later under cross-examination.

Instruction summarisedCredibility declared early
03

Made to be picked apart

Every step is carried out, and written up, expecting that an expert on the other side will go through it line by line, as one eventually will. Our conclusions do not bend towards the party who instructed us.

Court ahead of the clientConclusions do not shift
04

Built to the court's form

Civil or criminal decides the form: CPR Part 35 in the one case, CrimPR Part 19 in the other, each with the method in full, the exhibits, a continuity record with no gaps, and the two declarations. The conclusions open the document and the technical annex follows.

CPR 35 or CrimPR 19 formatFindings in plain English
05

Hashed, logged, ready to disclose

The point of handing over the lot — report, exhibits, source files, hash values, continuity log and the notes taken at the bench — is that a tribunal, or an expert instructed against you, can repeat the work and reach the same result.

Report and exhibitsHash values logged, custody intactStands up to scrutiny

Rules the bench works to

  • The overriding duty settles every other question — where the court's interest and the instructing party's diverge, the court prevails, and a report drafted in ignorance of that has failed before it is read.
  • Reliability material is required in criminal work — qualifications, experience and whatever else a court needs before it can place a value on an opinion.
  • A joint appointment changes the arithmetic — two sets of instructions, one examiner, and no side to be taken. That is work we are willing to accept.
  • Clarity is part of compliance — a report the bench cannot follow has not done its job, whatever the quality of the working underneath it.

A question worth putting to any expert before you instruct them: since April 2019 the practice directions in criminal cases have wanted whatever might weaken confidence in an expert's reliability out in the open, an accreditation not held expressly included. Kept quiet, it becomes the case's problem, not the expert's. Ours opens every report we issue.

From the casebook, lately.

MH · MHD-2026-6534ON RECORD ✓

Two Buckinghamshire companies, one folder, one Part 35 report

Two companies, two sets of accounts that would not reconcile, and one folder missing between them. Neither version had come through the image untouched, and the timeline said as much in plain terms. Settlement followed within a month.

Disposed of post-exchangeCPR 35 compliant

Before it comes to the lab.

Do these now

  • Tell us at the start if proceedings are possible; it changes the method
  • Let us have the letter of instruction early
  • Pass on whatever the other side's expert puts to us
  • Allow weeks, not days; a proper report cannot be hurried

Things best not done

  • Press for a conclusion the evidence won't bear
  • Amend our wording; challenge the reasoning on its merits instead
  • Bank on a Part 35 report in seven days
  • Shop for an expert who agrees first; the bench notices

The questions people ask privately.

How does an expert witness report differ from a findings report?

A findings report answers the question you asked and shows the working behind the answer. A report for court carries more: the overriding duty recorded, the instruction summarised, method and continuity in full, a statement of truth, a declaration of compliance, and disclosure of anything that might weigh against the expert.

Which party does an expert act for?

Neither side, whatever the fee arrangement suggests. The duty to assist the court comes first and overrides what is owed to the instructing party; that ranking is what gives the report its value.

Would you accept a single joint appointment?

Yes. On a joint appointment one report is produced, and it reaches both parties at the same moment, worded identically, with neither of them seeing it first.

Will the absence of accreditation damage the case?

The rules require it declared, so it is declared, at the front of the report. What the court weighs is the method, since that is where a report's authority sits. It is the overstated report, not the unaccredited one, that comes apart.

The recorder is already writing over it.

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