(1) A party may put written questions to an expert witness instructed by another party or jointly about his or her report.
(2) Written questions under paragraph (1) —
(a) may be put once only;
(b) must be put within 28 days of service of that expert witness' report; and
(c) must only be in order to clarify the report; unless —
(i) the court permits, or
(ii) the other party agrees.
(3) An expert witness' answers to questions under this rule must be treated as part of that expert witness' report.
(4) If a party has put a written question to an expert witness instructed by another party in accordance with this rule and the expert witness does not answer the question, the court may make one or more of the following orders in relation to the party who instructed the expert, namely that —
(a) that party may not recover the fees and expenses of the expert witness from any other party;
(b) that party may not rely on the evidence of the expert witness;
(c) the party asking the questions may seek to obtain answers from another expert.
(5) This rule also applies where evidence from a single expert witness is to be used under rule 32.9.