IB v CB [2010] EWHC 3815 (QB) (08 November 2010)

IB v CB [2010] EWHC 3815 (QB) (08 November 2010)

Privilege in financial adviser reports was not waived by submission to the court for settlement approval, and procedural order did not require service of reports not relied upon. Amendments to consent order regarding repayment terms, retention of documents, and medical examinations were appropriate with modifications.

Citation
[2010] EWHC 3815 (QB)
Parties
Claimant: IB; Defendant: CB
Jurisdiction
England and Wales
Judgment Date
08 November 2010
Procedural Posture
Personal Injury Settlement Approval / Settlement Approval Hearing
Outcome
Settlement approved
Legal Topics
Privilege of Expert Reports, Consent Orders, Periodical Payments, Disclosure Obligations
Personal Injury Civil Procedure Privilege of Expert Reports Consent Orders Periodical Payments Disclosure Obligations

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Parties

IB

Claimant

CB

Defendant

Procedural Posture

Personal Injury Settlement Approval / Settlement Approval Hearing

Legal Issues

  1. 1 Whether privilege in financial adviser reports was waived by submission to the court
  2. 2 Whether procedural order required service of financial adviser reports
  3. 3 Appropriateness of amendments to consent order regarding repayment, retention of documents, and medical examinations

Ratio Decidendi

Privilege in financial adviser reports was not waived by submission to the court for settlement approval, and procedural order did not require service of reports not relied upon. Amendments to consent order regarding repayment terms, retention of documents, and medical examinations were appropriate with modifications.

Court Disposition

Settlement approved

Orders

  • Consent order approved with amendments: repayment period extended to six months, inclusion of retention of documents and medical examination provisions.