ACD (Landscape Architects) Ltd v Overall & Anor [2011] EWHC 3362 (TCC) (15 December 2011)

ACD (Landscape Architects) Ltd v Overall & Anor [2011] EWHC 3362 (TCC) (15 December 2011)

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

Citation
[2011] EWHC 3362 (TCC)
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, Contract) / 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 Expert Reports, Strike Out Applications, Case Management, Expert Evidence
Civil Procedure Professional Negligence Contract Waiver of Privilege Disclosure of Expert Reports Strike Out Applications Case Management Expert Evidence

Case Brief

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Parties

ACD (Landscape Architects) Limited

Claimant

Robert Overall

Defendant

Cookham Construction Limited

Defendant

Procedural Posture

Civil (professional Negligence, Contract) / 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 a strike out application should be granted

Ratio Decidendi

Privilege in the draft expert report of Mr Clarke was waived by the Defendants through detailed deployment of its contents in a witness statement, necessitating disclosure of the full report. The Claimant was entitled to an adjournment of the strike out application to allow a fair opportunity to respond to the Defendants' late 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 a week.
  • Hearing of the Claimant's strike out application adjourned to 25 January 2012.