Steele v Harland & Wolff Plc & Anor [2002] NIQB 69 (13 December 2002)

Steele v Harland & Wolff Plc & Anor [2002] NIQB 69 (13 December 2002)

Privilege over the surveillance report was waived because the defendants' expert relied on it in forming his opinion, as evidenced by express references in his reports. Therefore, the surveillance report must be produced to the court and, subject to relevance and necessity, disclosed to the plaintiff.

Citation
[2002] NIQB 69
Parties
Plaintiff: Steele; Defendant: Harland & Wolff Plc; Defendant: Short Brothers
Jurisdiction
Northern Ireland
Judgment Date
13 December 2002
Procedural Posture
Appeal / Interlocutory Application for Disclosure of Documents
Outcome
Appeal dismissed; order for disclosure upheld
Legal Topics
Disclosure of Documents, Legal Professional Privilege, Waiver of Privilege, Expert Evidence
Civil Procedure Employment Law Personal Injury Disclosure of Documents Legal Professional Privilege Waiver of Privilege Expert Evidence

Case Brief

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Parties

Steele

Plaintiff

Harland & Wolff Plc

Defendant

Short Brothers

Defendant

Procedural Posture

Appeal / Interlocutory Application for Disclosure of Documents

Legal Issues

  1. 1 Whether reference to a surveillance report in an expert's disclosed medical report amounts to waiver of privilege over the surveillance report
  2. 2 Whether the surveillance report should be disclosed to the plaintiff

Ratio Decidendi

Privilege over the surveillance report was waived because the defendants' expert relied on it in forming his opinion, as evidenced by express references in his reports. Therefore, the surveillance report must be produced to the court and, subject to relevance and necessity, disclosed to the plaintiff.

Court Disposition

Appeal dismissed; order for disclosure upheld

Orders

  • Defendants to produce the surveillance report(s) relied on by Dr Hynd to the court.
  • Court to determine, after submissions, whether the whole or part of the report(s) should be disclosed to the plaintiff based on relevance and necessity.