The claimant had appointed a clinical case manager. She appealed an order requiring the case manager to report also to the court.
Held: The case manager’s duties were purely to the claimant, and an order requiring that manager to report also to any other party would be inimical to his task. Nevertheless any communication between the case manager and the claimant’s experts would not be protected by litigation privilege.
Brooke LJ, Dyson LJ, Lloyd LJ
 EWCA Civ 656, Times 24-Jun-2005
England and Wales
Cited – Waugh v British Railways Board HL 12-Jul-1979
No Litigation Privilege without Dominant Purpose
An internal report had been prepared by two of the Board’s officers two days after a collision involving the death of a locomotive driver, whose widow brought the action and now sought its production.
Held: The court considered litigation . .
Lists of cited by and citing cases may be incomplete.
Personal Injury, Litigation Practice
Updated: 30 June 2022; Ref: scu.225328