The following Dispute Resolution Q&A provides comprehensive and up to date legal information covering:
The question does not specify whether the expert report has been disclosed. As a general rule, expert evidence will not be disclosable regardless of privilege. The issue of the status of an undisclosed report was considered in Odedra v Ball. It was held that there is no authority under the CPR or in case law relating to the status of such a report which is prepared by an expert at the same time as another report by the same expert which has been disclosed. In some cases, the spirit of openness promoted by the CPR will trump privilege if the expert evidence is pivotal, whereas, in other cases, this could give rise to injustice; a pragmatic approach by the court will be required
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