Gurney Consulting Engineers v Gleeds Health & Safety Ltd & Anor

Gurney Consulting Engineers v Gleeds Health & Safety Ltd & Anor

CPR 35.11 permits reliance on expert reports disclosed by parties who have settled and are no longer in the proceedings, provided the reports were disclosed with court permission under CPR 35.4; no further permission is required, but the party seeking to rely must notify the opposing party of the reports and their intended use.

Parties
Part 20 Claimant: Gurney Consulting Engineers (A Firm); Part 20 Defendant: Gleeds Health & Safety Limited; Part 20 Defendant: Gleeds Management Services Limited
Jurisdiction
England and Wales
Judgment Date
25 January 2006
Procedural Posture
Part 20 Proceedings / Trial Management Ruling
Outcome
Application granted in part; Gleeds may rely on disclosed expert reports subject to notification and opportunity for Gurney to object.
Legal Topics
Expert Evidence, Use of Expert Reports, Civil Liability (contribution) Act 1978
Civil Procedure Construction Law Expert Evidence Use of Expert Reports Civil Liability (contribution) Act 1978

Case Brief

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Parties

Gurney Consulting Engineers (A Firm)

Part 20 Claimant

Gleeds Health & Safety Limited

Part 20 Defendant

Gleeds Management Services Limited

Part 20 Defendant

Procedural Posture

Part 20 Proceedings / Trial Management Ruling

Legal Issues

  1. 1 Whether CPR 35.11 permits reliance on expert reports disclosed by parties who have settled and are no longer in the proceedings
  2. 2 Whether permission under CPR 35.4(1) is required for use of such reports
  3. 3 Scope and fairness of reliance on expert evidence from settled parties

Ratio Decidendi

CPR 35.11 permits reliance on expert reports disclosed by parties who have settled and are no longer in the proceedings, provided the reports were disclosed with court permission under CPR 35.4; no further permission is required, but the party seeking to rely must notify the opposing party of the reports and their intended use.

Court Disposition

Application granted in part; Gleeds may rely on disclosed expert reports subject to notification and opportunity for Gurney to object.

Orders

  • Gleeds must notify Gurney of which other engineering reports they wish to use, which parts are important, and why.
  • Gurney may raise specific objections to the proposed use of particular reports, to be considered by the court.