Aird & Anor v Prime Meridian Ltd [2006] EWCA Civ 1866 (21 December 2006)

Aird & Anor v Prime Meridian Ltd [2006] EWCA Civ 1866 (21 December 2006)

A joint statement of experts prepared pursuant to a court order under CPR 35.12(3) is not privileged and is admissible in the proceedings, even if it was used in mediation. The status of the document is determined by the court order and the rules, not by the parties' intentions or the context of mediation.

Citation
[2006] EWCA Civ 1866
Parties
Claimant/appellant: Aird & Anr; Defendant/respondent: Prime Meridian Limited
Jurisdiction
England and Wales
Judgment Date
21 December 2006
Procedural Posture
Appeal / Court of Appeal Judgment on Appeal From High Court (technology and Construction Court)
Outcome
Appeal allowed
Legal Topics
Expert Evidence, Privilege, Mediation, Case Management Orders
Civil Procedure Construction Law Expert Evidence Privilege Mediation Case Management Orders

Case Brief

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Parties

Aird & Anr

Claimant/appellant

Prime Meridian Limited

Defendant/respondent

Procedural Posture

Appeal / Court of Appeal Judgment on Appeal From High Court (technology and Construction Court)

Legal Issues

  1. 1 Whether a joint statement of experts ordered under CPR 35.12(3) and used in mediation is privileged and inadmissible in subsequent proceedings
  2. 2 Whether the intention of the parties or the context of mediation alters the status of a court-ordered expert statement

Ratio Decidendi

A joint statement of experts prepared pursuant to a court order under CPR 35.12(3) is not privileged and is admissible in the proceedings, even if it was used in mediation. The status of the document is determined by the court order and the rules, not by the parties' intentions or the context of mediation.

Court Disposition

Appeal allowed

Orders

  • The appeal is allowed.