Pool Slip Expert Witness Service

CPR Part 35 in pool claims

Part 35 of the Civil Procedure Rules governs expert evidence in UK civil proceedings. Our pool reports comply with Part 35 from the outset:

• The expert's overriding duty to the court (not the instructing party)
• Statement of truth and expert's declaration
• Substance of all material instructions
• Range of opinion where relevant, with reasons
• Methodology, equipment, calibration and raw data
• Acknowledged limitations of the analysis

Detailed treatment in our Part 35 guide for pool experts.

Forensic pool investigation

Where access permits, we attend the pool and reproduce the conditions described by the claimant — the location on the surround, the lighting, the contaminant if known (sun cream, pool water, soap residue), the footfall direction. UKAS-accredited pendulum testing with Sliders 55, 57 and 96 is carried out across the relevant area, supported by Rz surface roughness measurement and photographic records.

Where the surround has been replaced or remediated since the incident, we work from photographs, retained tile samples, contractor disclosure and witness accounts. The report is explicit about what is direct measurement versus what is reasoned reconstruction.

Independence — both ways

Independence cuts both ways. Where we are instructed by a claimant and the test data does not support the claim, the report says so. Where we are instructed by a pool operator defendant and the surround is non-compliant, the report says so. The duty under CPR 35 is to the court, not the instructing party — and over time this is what makes a report defensible under cross-examination.

Common pool litigation instruction types

• Hotel pool slip claims (highest-volume category in pool litigation)
• Local authority leisure centre claims
• School and private club pool claims
• Hydrotherapy and rehab pool claims (often involving vulnerable users)
• Holiday park and resort pool claims (frequently UK-based but operator-overseas)
• Insurance subrogation matters between operator and surface contractor
• Construction adjudication where pool surround specification is in dispute

Joint expert and joint statement work

For lower-value pool claims under CPR 35.7, a single joint expert may be appointed. For higher-value claims with separately instructed experts, CPR 35.12 provides for an experts' discussion and a joint statement narrowing the points of disagreement. We have substantial experience of both routes and deliver to the same UKAS methodology regardless of which side initiated the instruction.

Oral evidence at trial

Where matters proceed to trial, the expert may give oral evidence and undergo cross-examination. The strength of the report is the foundation, but the strength of the expert in the witness box matters too. Our experts are routinely cross-examined and the methodology, calibration and reasoning are designed to withstand it.