ACD (Landscape Architects) Ltd v Overall & Anor

ACD (Landscape Architects) Ltd v Overall & Anor

Privilege in the draft expert report was waived by the Defendants' detailed deployment of its contents in a witness statement, requiring disclosure of the whole report. The Claimant was entitled to an adjournment of the strike out application to allow a fair opportunity to respond to the Defendants' late-served evidence.

Parties
Claimant: ACD (Landscape Architects) Limited; Defendant: Robert Overall; Defendant: Cookham Construction Limited
Jurisdiction
England and Wales
Judgment Date
15 December 2011
Procedural Posture
Civil (professional Negligence) / Interlocutory Application (privilege Waiver and Adjournment of Strike Out Application)
Outcome
Application for disclosure of draft expert report granted; application for adjournment of strike out application granted.
Legal Topics
Waiver of Privilege, Disclosure of Documents, Adjournment, Expert Evidence, Strike Out Applications
Civil Procedure Professional Negligence Waiver of Privilege Disclosure of Documents Adjournment Expert Evidence Strike Out Applications

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Parties

ACD (Landscape Architects) Limited

Claimant

Robert Overall

Defendant

Cookham Construction Limited

Defendant

Procedural Posture

Civil (professional Negligence) / Interlocutory Application (privilege Waiver and Adjournment of Strike Out Application)

Legal Issues

  1. 1 Whether privilege in a draft expert report referred to in a witness statement has been waived
  2. 2 Whether an adjournment of the strike out application should be granted

Ratio Decidendi

Privilege in the draft expert report was waived by the Defendants' detailed deployment of its contents in a witness statement, requiring disclosure of the whole report. The Claimant was entitled to an adjournment of the strike out application to allow a fair opportunity to respond to the Defendants' late-served evidence.

Court Disposition

Application for disclosure of draft expert report granted; application for adjournment of strike out application granted.

Orders

  • Defendants to disclose the draft report of Mr Clarke within one week for inspection by the Claimant.
  • Hearing of the Claimant’s strike out application adjourned to 25 January 2012.