Aird & Anor v Prime Meridian Ltd

Aird & Anor v Prime Meridian Ltd

A joint statement by experts prepared pursuant to a court order under CPR 35.12(3) is a court document and not privileged, even if it is used in mediation. The removal of 'without prejudice' status and filing with the court confirms its status as an open document for use in proceedings.

Parties
Claimant/appellant: Aird & Anr; Defendant/respondent: Prime Meridian Limited
Jurisdiction
England and Wales
Judgment Date
21 December 2006
Procedural Posture
Civil Appeal / Appeal From High Court (technology and Construction Court) to Court of Appeal
Outcome
Appeal allowed
Legal Topics
Expert Evidence, Privilege, Mediation, Case Management, Civil Procedure Rules Part 35
Civil Procedure Expert Evidence Privilege Mediation Case Management Civil Procedure Rules Part 35

Case Brief

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Parties

Aird & Anr

Claimant/appellant

Prime Meridian Limited

Defendant/respondent

Procedural Posture

Civil Appeal / Appeal From High Court (technology and Construction Court) to Court of Appeal

Legal Issues

  1. 1 Whether a joint statement by experts ordered under CPR 35.12(3) and used in mediation is privileged and inadmissible in subsequent proceedings
  2. 2 Whether the joint statement was a court document or mediation material

Ratio Decidendi

A joint statement by experts prepared pursuant to a court order under CPR 35.12(3) is a court document and not privileged, even if it is used in mediation. The removal of 'without prejudice' status and filing with the court confirms its status as an open document for use in proceedings.

Court Disposition

Appeal allowed

Orders

  • The joint statement of experts is not privileged and may be used in the proceedings.