Amy Whitehead's Legal Representative v. Graeme John Douglas And Another [2006] ScotCS CSOH_178 (20 November 2006)

Amy Whitehead's Legal Representative v. Graeme John Douglas And Another [2006] ScotCS CSOH_178 (20 November 2006)

Reference to privileged documents (such as precognitions) in expert reports does not entitle the opposing party to recover those documents, nor does it constitute waiver of privilege. Scottish practice does not require disclosure of such materials, and expert reports do not become evidence in chief. The defenders' motion for commission and diligence is refused.

Citation
[2006] ScotCS CSOH_178
Parties
Pursuer: Amy Whitehead's Legal Representative; Defenders: Graeme John Douglas and Another
Jurisdiction
Scotland
Judgment Date
20 November 2006
Procedural Posture
Civil (personal Injury) / Interlocutory Motion for Commission and Diligence
Outcome
Motion for commission and diligence refused.
Legal Topics
Expert Evidence, Privilege, Disclosure of Documents, Commission and Diligence, Precognitions, Waiver of Privilege
Civil Procedure Evidence Personal Injury Expert Evidence Privilege Disclosure of Documents Commission and Diligence Precognitions +1 more

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Parties

Amy Whitehead's Legal Representative

Pursuer

Graeme John Douglas and Another

Defenders

Procedural Posture

Civil (personal Injury) / Interlocutory Motion for Commission and Diligence

Legal Issues

  1. 1 Whether the defenders are entitled to recover documents (precognitions and other materials) referred to in expert reports lodged by the pursuer, including whether privilege over such documents has been waived by their reference in the reports.

Ratio Decidendi

Reference to privileged documents (such as precognitions) in expert reports does not entitle the opposing party to recover those documents, nor does it constitute waiver of privilege. Scottish practice does not require disclosure of such materials, and expert reports do not become evidence in chief. The defenders' motion for commission and diligence is refused.

Court Disposition

Motion for commission and diligence refused.

Orders

  • Refusal of defenders' motion for commission and diligence to recover documents referred to in expert reports.