Sands v Gardiner [2012] NIQB 29 (5 June 2012)

The engineer's report must be produced to the court and, giving effect to the principle of reliance, discovered to the defendant because it was referenced and relied upon in the supplementary medical report, thus waiving privilege; discovery is necessary for fair disposal and cost-saving under Order 24 RCC.

Citation: [2012] NIQB 29
Parties: Plaintiff: Nigel Sands; Defendant: Ronald Gardiner
Jurisdiction: Northern Ireland
Judgment Date: 05 June 2012
Procedural Posture: Personal Injury / Interlocutory Appeal Against Discovery Order
Outcome: Appeal dismissed
Legal Topics: Discovery of Documents, Privilege and Waiver, Medical Evidence, Disclosure Obligations

Civil Procedure Personal Injury Discovery of Documents Privilege and Waiver Medical Evidence Disclosure Obligations

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Parties

Nigel Sands

Plaintiff

Ronald Gardiner

Defendant

Procedural Posture

Personal Injury / Interlocutory Appeal Against Discovery Order

Legal Issues

1 Whether the plaintiff must disclose the consulting engineer's report referenced in a supplementary medical report to the defendant
2 Whether privilege in the engineer's report has been waived by reference and reliance in medical evidence
3 Whether the discovery should be governed by Order 24 or Order 25 RCC

Ratio Decidendi

Court Disposition

Appeal dismissed

Orders

Plaintiff to discover the consulting engineer's report to the defendant's solicitors by close of business 5 June 2012
Costs of hearing on 1 June 2012 to be borne by plaintiff's solicitors