Q&As

Are draft versions of an expert’s report disclosable? Is Jackson v Davenport Ltd still good law?

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Produced in partnership with Jamie Gamble of No5 Barristers Chambers
Published on LexisPSL on 08/02/2019

The following Dispute Resolution Q&A produced in partnership with Jamie Gamble of No5 Barristers Chambers provides comprehensive and up to date legal information covering:

  • Are draft versions of an expert’s report disclosable? Is Jackson v Davenport Ltd still good law?

Are draft versions of an expert’s report disclosable? Is Jackson v Davenport Ltd still good law?

In Carlson v Townsend, the Court of Appeal held that it was not the intention or purpose of the pre-action protocols to override the privilege attaching to the report of an expert whom a party had instructed but decided not to call.

That case was followed by Jackson v Marley Davenport Ltd, in which the Court of Appeal confirmed that there could be:

‘no doubt that, if an expert makes a report for the purpose of a party’s legal advisers being able to give legal advice to their client, or for discussion in a conference of the party’s legal advisers, such a report is the subject matter of litigation privilege at the time that it was made.’

The argument raised by the party seeking disclosure of the

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