Fact or opinion · £800 + VAT or quoted · most people need the first
Standard report or expert report. One records what the device shows. The other gives a court an expert's opinion on what it means.
Two quite different documents can come out of a forensic examination, and choosing the right one saves money and trouble. The standard forensic report records, as fact, what the device shows: what was connected, opened, deleted and recovered, and when. The court expert report is written for a judge under the rules that govern expert evidence, and gives the expert's opinion on what the evidence means, with declarations, a statement of truth and the expert's duty to the court. Most matters need only the first. This page sets out the difference so you can see which yours needs, and we confirm it at the free first conversation.
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The two side by side.
| Standard forensic report | Court expert report | |
|---|---|---|
| Purpose | To record what the device shows | To give a court an expert's opinion |
| Written to | Good forensic practice | CPR Part 35, CrimPR Part 19 or the NI practice directions |
| Content | Facts, tables, a timeline, the limitations | Facts plus opinion, the range of opinion and the reasons |
| Declarations | None | Expert's declaration and statement of truth |
| Duty | To you, and to accuracy | An overriding duty to the court |
| Court attendance | Can give evidence of fact if called | Attends to give expert evidence where required |
| Typical use | HR, negotiation, solicitors, insurers, many civil matters | Litigation where the court directs expert evidence |
| Fee | £800 + VAT for one disk | Quoted, in the thousands |
How to tell which you need.
You need the standard report if you need to know what happened on the device so that you can act: decide whether to dismiss, put the facts to the other side, support an insurance claim, give your solicitor the material to advise you, or complete a disclosure. Most matters stop there, and many settle on the strength of it.
You need an expert report when proceedings are under way and the court has directed expert evidence, or when the case will turn on contested opinion about what the device shows, such as whether an artefact could have been created another way, or what a pattern of activity indicates. In England and Wales that report is governed by CPR Part 35 and Practice Direction 35 in civil cases and by the Criminal Procedure Rules Part 19 in criminal cases; in Northern Ireland, by the equivalent practice directions, which carry the same duty to the court.
The two are not exclusive. The standard examination is usually the first stage of an expert report, so starting with it costs nothing wasted, and its author can still be asked to give evidence of fact about what was done and found.
The questions that come up first.
Can the standard report be used in court?
It can be put before a court as evidence of fact, and its author can be asked to give evidence of what was done and found. What it does not do is give expert opinion, which is where an expert report is needed.
Why does the expert report cost so much more?
Because it is opinion evidence written to the court's rules: the reasoning on the range of opinion, the declarations and statement of truth, exposure to cross-examination and attendance. It is a different and larger piece of work.
Can I start with the standard report and upgrade later?
Yes, and it is usually the sensible order. The standard examination is the first stage of an expert report, so nothing is wasted.
Who decides whether an expert report is needed?
In proceedings, the court decides whether expert evidence is permitted and on what. Your solicitor will advise; we will tell you at the first conversation what we think your matter needs.
Where an expert is needed.
Most matters need the facts, first.
Tell us the situation, and the first conversation will tell you which report fits, before anything is agreed.