Tubb v JD Wetherspoon Plc

Tubb v JD Wetherspoon Plc

The power to impose a condition requiring disclosure of an earlier expert report applies equally to pre-issue and post-issue changes of expert where the parties have engaged in the pre-action protocol process. Such a condition should usually be imposed to discourage expert shopping and promote openness, subject to judicial discretion.

Parties
Claimant/respondent: Ricky Edwards-Tubb; Defendant/appellant: JD Wetherspoon PLC
Jurisdiction
England and Wales
Judgment Date
25 February 2011
Procedural Posture
Personal Injury Appeal / Court of Appeal Judgment
Outcome
Appeal allowed
Legal Topics
Expert Evidence, Legal Professional Privilege, Case Management, Pre Action Protocol, Expert Shopping
Civil Procedure Personal Injury Expert Evidence Legal Professional Privilege Case Management Pre Action Protocol Expert Shopping

Case Brief

Summary, issues, holding and outcome

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Parties

Ricky Edwards-Tubb

Claimant/respondent

JD Wetherspoon PLC

Defendant/appellant

Procedural Posture

Personal Injury Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the court can require disclosure of a privileged expert report as a condition for relying on a substitute expert under CPR 35.4
  2. 2 Whether there is a distinction between pre-issue and post-issue expert changes regarding such disclosure

Ratio Decidendi

The power to impose a condition requiring disclosure of an earlier expert report applies equally to pre-issue and post-issue changes of expert where the parties have engaged in the pre-action protocol process. Such a condition should usually be imposed to discourage expert shopping and promote openness, subject to judicial discretion.

Court Disposition

Appeal allowed

Orders

  • Order of the Deputy District Judge restored: permission to rely on Mr Khan's report is conditional on disclosure of Mr Jackson's report.