Watts & Anor v Oakley & Anor [2006] EWCA Civ 1905 (07 December 2006)

Watts & Anor v Oakley & Anor [2006] EWCA Civ 1905 (07 December 2006)

The order requiring disclosure of Dr Leng's report must be read as subject to the implied limitation that disclosure is only required if the claimant intends to rely on the report; privilege was not waived, and the lower court erred in holding otherwise.

Citation
[2006] EWCA Civ 1905
Parties
Claimant/appellants: Watts & Anr; Defendant/respondents: Oakley & Anr
Jurisdiction
England and Wales
Judgment Date
07 December 2006
Procedural Posture
Civil Appeal / Appeal From County Court Decision
Outcome
Appeal allowed
Legal Topics
Expert Evidence, Privilege, Disclosure of Documents, Litigation Privilege
Civil Procedure Personal Injury Expert Evidence Privilege Disclosure of Documents Litigation Privilege

Case Brief

Summary, issues, holding and outcome

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Parties

Watts & Anr

Claimant/appellants

Oakley & Anr

Defendant/respondents

Procedural Posture

Civil Appeal / Appeal From County Court Decision

Legal Issues

  1. 1 Whether the claimant was obliged to disclose and serve a draft expert report not intended to be relied upon at trial
  2. 2 Whether privilege in the expert report was waived by the claimant's solicitor
  3. 3 Whether the court's order required mandatory disclosure regardless of privilege

Ratio Decidendi

The order requiring disclosure of Dr Leng's report must be read as subject to the implied limitation that disclosure is only required if the claimant intends to rely on the report; privilege was not waived, and the lower court erred in holding otherwise.

Court Disposition

Appeal allowed

Orders

  • Application granted
  • Order requiring disclosure of Dr Leng's report set aside