Gurney Consulting Engineers v Gleeds Health & Safety Ltd & Anor [2006] EWHC 43 (TCC) (25 January 2006)

Gurney Consulting Engineers v Gleeds Health & Safety Ltd & Anor [2006] EWHC 43 (TCC) (25 January 2006)

CPR 35.11 allows a party to rely on expert reports disclosed by any party in accordance with CPR 35.4, regardless of whether that party remains in the proceedings at the time of trial, and no further permission is required to use such reports as evidence.

Citation
[2006] EWHC 43 (TCC)
Parties
Part 20 Claimant: Gurney Consulting Engineers (A Firm); Part 20 Defendant: Gleeds Health & Safety Limited; Part 20 Defendant: Gleeds Management Services Limited
Jurisdiction
England and Wales
Judgment Date
25 January 2006
Procedural Posture
Part 20 Claim for Contribution / Interlocutory/trial Management Order on Admissibility of Expert Evidence
Outcome
Application granted in part; trial management order made
Legal Topics
Admissibility of Expert Evidence, Use of Expert Reports After Party Settlement, Interpretation of CPR 35.11 and 35.4
Civil Procedure Construction Law Admissibility of Expert Evidence Use of Expert Reports After Party Settlement Interpretation of CPR 35.11 and 35.4

Case Brief

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Parties

Gurney Consulting Engineers (A Firm)

Part 20 Claimant

Gleeds Health & Safety Limited

Part 20 Defendant

Gleeds Management Services Limited

Part 20 Defendant

Procedural Posture

Part 20 Claim for Contribution / Interlocutory/trial Management Order on Admissibility of Expert Evidence

Legal Issues

  1. 1 Whether a party may rely on expert reports disclosed by parties who have since settled and left the proceedings under CPR 35.11
  2. 2 Whether further court permission is required under CPR 35.4 to use such reports
  3. 3 Whether the right to rely on such reports is limited to parties still in the proceedings

Ratio Decidendi

CPR 35.11 allows a party to rely on expert reports disclosed by any party in accordance with CPR 35.4, regardless of whether that party remains in the proceedings at the time of trial, and no further permission is required to use such reports as evidence.

Court Disposition

Application granted in part; trial management order made

Orders

  • Gleeds must notify Gurney of which other engineering reports they wish to use, which parts are particularly important, and why they wish to use them.
  • Gurney may raise specific objections to the proposed use of any report or part thereof, to be considered by the court as necessary.