Gower Chemicals Group Litigation v Gower Chemicals Ltd & Anor [2008] EWHC 735 (QB) (17 April 2008)

Gower Chemicals Group Litigation v Gower Chemicals Ltd & Anor [2008] EWHC 735 (QB) (17 April 2008)

The Master exercised his discretion properly in requiring the receiving parties to elect whether to disclose privileged expert reports or rely on other evidence, as a real and relevant issue had arisen regarding the recoverability of costs for undisclosed reports, and fairness required that the paying parties have the opportunity to see and comment on documents relied upon for costs recovery.

Citation
[2008] EWHC 735
Parties
Claimants: Various Claimants in the Gower Chemicals Group Litigation; 1st Defendant: Gower Chemicals Limited; 2nd Defendant: Neath Port Talbot County Borough Council
Jurisdiction
England and Wales
Judgment Date
17 April 2008
Procedural Posture
Appeal / Appeal From Decision of Costs Judge on Assessment of Costs
Outcome
Appeal dismissed
Legal Topics
Assessment of Costs, Disclosure of Privileged Documents, Group Litigation, Expert Evidence, Practice Direction 40.14
Civil Procedure Costs Assessment of Costs Disclosure of Privileged Documents Group Litigation Expert Evidence Practice Direction 40.14

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Parties

Various Claimants in the Gower Chemicals Group Litigation

Claimants

Gower Chemicals Limited

1st Defendant

Neath Port Talbot County Borough Council

2nd Defendant

Procedural Posture

Appeal / Appeal From Decision of Costs Judge on Assessment of Costs

Legal Issues

  1. 1 Whether the Costs Judge was correct to require the receiving parties to elect to disclose privileged expert reports or rely on other evidence under para. 40.14 of the Costs Practice Direction
  2. 2 Whether a real and relevant issue had arisen justifying such an election
  3. 3 Whether the Master's discretion was properly exercised

Ratio Decidendi

The Master exercised his discretion properly in requiring the receiving parties to elect whether to disclose privileged expert reports or rely on other evidence, as a real and relevant issue had arisen regarding the recoverability of costs for undisclosed reports, and fairness required that the paying parties have the opportunity to see and comment on documents relied upon for costs recovery.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed on all grounds.