The claimant sought expert evidence to support her claim for personal injuries. A draft report was produced, followed by a final report which was disclosed. She appealed an order requiring disclosure of the draft report.
Held: The appeal succeeded. The rules required disclosure of a report. They could not be read to require disclosure of all reports. The report had litigation privilege at the time it was created, and retained that characteristic.
Judges:
Peter Gibson LJ, Tuckey LJ, Longmore LJ
Citations:
[2004] EWCA Civ 1225, Times 07-Oct-2004
Links:
Statutes:
Jurisdiction:
England and Wales
Civil Procedure Rules
Updated: 21 June 2022; Ref: scu.216351
