Jackson v Marley Davenport Ltd

Jackson v Marley Davenport Ltd

Earlier draft reports by an expert are privileged and not subject to disclosure unless the party intends to rely on them at trial. The Civil Procedure Rules do not abrogate privilege except as expressly provided for instructions to experts. Only the final report intended for trial must be disclosed.

Parties
Claimant/respondent: Alan Jackson; Defendant/appellant: Marley Davenport Limited
Jurisdiction
England and Wales
Judgment Date
09 September 2004
Procedural Posture
Civil Appeal / Appeal From County Court to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Expert Evidence, Litigation Privilege, Disclosure of Documents
Civil Procedure Expert Evidence Litigation Privilege Disclosure of Documents

Case Brief

Summary, issues, holding and outcome

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Parties

Alan Jackson

Claimant/respondent

Marley Davenport Limited

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From County Court to Court of Appeal

Legal Issues

  1. 1 Whether earlier draft reports by an expert must be disclosed to the other party under the Civil Procedure Rules
  2. 2 Whether litigation privilege protects earlier expert reports not intended to be relied upon at trial

Ratio Decidendi

Earlier draft reports by an expert are privileged and not subject to disclosure unless the party intends to rely on them at trial. The Civil Procedure Rules do not abrogate privilege except as expressly provided for instructions to experts. Only the final report intended for trial must be disclosed.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs of the appeal to be assessed in accordance with the Appellant's public funding certificate.