Watts & Anor v Oakley & Anor

Watts & Anor v Oakley & Anor

The order to disclose 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 courts erred in holding otherwise.

Parties
Claimant/appellant: Watts & Anr; Defendant/respondent: Oakley & Anr
Jurisdiction
England and Wales
Judgment Date
07 December 2006
Procedural Posture
Civil Appeal / Appeal From County Court to Court of Appeal
Outcome
Appeal allowed
Legal Topics
Litigation Privilege, Expert Evidence, Disclosure of Documents, Interpretation of Court Orders
Civil Procedure Litigation Privilege Expert Evidence Disclosure of Documents Interpretation of Court Orders

Case Brief

Summary, issues, holding and outcome

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Parties

Watts & Anr

Claimant/appellant

Oakley & Anr

Defendant/respondent

Procedural Posture

Civil Appeal / Appeal From County Court to Court of Appeal

Legal Issues

  1. 1 Whether the claimant was obliged to disclose and serve Dr Leng’s expert report if not relying on it
  2. 2 Whether privilege in the expert report was waived by the claimant’s solicitor
  3. 3 Whether the court orders required mandatory disclosure regardless of privilege

Ratio Decidendi

The order to disclose 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 courts erred in holding otherwise.

Court Disposition

Appeal allowed

Orders

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