The claimant appealed an order requiring him to disclose to the defendants the terms of the instructions given to the expert witness.
Held: Rule 35.10(4) restriction applied to prevent the defendant from obtaining an order for the inspection he sought.
Judges:
Waller, Mantell, Laws LJJ
Citations:
[2003] EWCA Civ 1102, Times 28-Aug-2003, Gazette 02-Oct-2003, [2004] 1 WLR 220
Links:
Statutes:
Civil Procedure Rules 31.14(2) 35.10(4)
Jurisdiction:
England and Wales
Citing:
Doubted – Morris v Bank of India ChD 15-Jan-2001
The court applied a wide interpretation of the word ‘instructions’ where the Rules exempted such instruction to experts preparing a report. . .
Preferred – Taylor v Bolton Heath Health Authority QBD 14-Jan-2000
The court construed narrowly the term ‘instructions’ within the rules where they exempted document forming part of the instructions to an expert to prepare a report for the litigation from disclosure. The word meant ‘what an expert was told to do’. . .
Lists of cited by and citing cases may be incomplete.
Evidence, Personal Injury, Civil Procedure Rules
Updated: 20 November 2022; Ref: scu.185303