The following Dispute Resolution Q&A provides comprehensive and up to date legal information covering:
There is no general rule that all expert evidence is disclosable regardless of privilege (see Practice Note: Expert reports, in particular the section ‘Disclosure of reports and privilege’). If this were the case, draft reports and other documents (for example those created to assist counsel for cross-examination) would be disclosable which would be too extreme. In Odedra v Ball, Coulson J held that it was necessary to consider whether the importance of openness under the Civil Procedure Rules trumped privilege or if that would in fact risk injustice.
For instance, in Edwards-Tubb v JD Wetherspoon plc, the Court of Appeal recognised that although a pre-action expert report was privileged and a different expert had been instructed post-issue, the first report should still be disclosed as the parties had agreed on using that first expert under the pre-action procedure of co-operation in the selection of experts. Hughes LJ described it as ‘the price the claimant must pay for leave of the court to rely on expert B is the waiver of privilege in relation to expert A’. Therefore, if a party seeks permission to rely on expert evidence from a different expert during proceedings, there may be a requirement for
Free trials are only available to individuals based in the UK
Complete all the fields above to proceed to the next step.
**Trials are provided to all LexisPSL and LexisLibrary content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
The third edition of the Standard Commercial Property Conditions was published on 27 April 2017 a
False imprisonmentLiabilityFalse imprisonment consists of the complete deprivation of liberty without a lawful basis. Claims will in practice be made against a public body that exercises detention powers, usually a local police force, the Secretary of State for the Home Department or the Secretary
Provisional sumsWhat are provisional sums?There is no precise standard definition of provisional sum but it is generally understood to refer to an amount inserted in a bill of quantities, or contract sum analysis, to cover certain items of work that cannot be accurately defined, detailed or valued
Tenant's request for a new business tenancyThese drafting notes are for use when completing a tenant’s request for a new business tenancy under the Landlord and Tenant Act 1954. They are intended to be used when completing the prescribed form under the Landlord and Tenant Act 1954, Part 2 (Notices)
0330 161 1234