IB v CB

IB v CB

Privilege in financial adviser reports was not waived by submission to the judge for approval of settlement; paragraph 6(c) of Master Leslie's order did not require service of those reports unless relied upon; amendments to the consent order regarding repayment period, retention of documents, and provision for medical examination were appropriate with modifications.

Parties
Claimant: IB; Defendant: CB
Jurisdiction
England and Wales
Judgment Date
08 November 2010
Procedural Posture
Personal Injury / Approval of Settlement/consent Order
Outcome
Settlement approved; defendant's application for disclosure of reports refused; amendments to consent order approved with modifications.
Legal Topics
Privilege of Expert Reports, Approval of Settlement, Periodical Payments, Interpretation of Procedural Orders
Civil Procedure Personal Injury Privilege of Expert Reports Approval of Settlement Periodical Payments Interpretation of Procedural Orders

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

IB

Claimant

CB

Defendant

Procedural Posture

Personal Injury / Approval of Settlement/consent Order

Legal Issues

  1. 1 Whether privilege in financial adviser reports was waived by submission to the judge
  2. 2 Whether paragraph 6(c) of Master Leslie's order required service of financial adviser reports
  3. 3 Appropriateness of proposed amendments to consent order

Ratio Decidendi

Privilege in financial adviser reports was not waived by submission to the judge for approval of settlement; paragraph 6(c) of Master Leslie's order did not require service of those reports unless relied upon; amendments to the consent order regarding repayment period, retention of documents, and provision for medical examination were appropriate with modifications.

Court Disposition

Settlement approved; defendant's application for disclosure of reports refused; amendments to consent order approved with modifications.

Orders

  • Consent order to include repayment clause with six-month period and interest thereafter.
  • Court to retain specified documents on file.