Evidence

Disclosure of expert’s report

Edwards-Tubb v JD Wetherspoon Plc [2011] EWCA Civ 136, 25 February; SJ 8 March pp16 and 31

CPR rule 35.2 makes it clear that CPR Part 35 is concerned with experts who are instructed to report ‘for the purpose of proceedings’. This creates a distinction between an expert instructed to advise a party privately and one instructed to produce a report for the purpose of proceedings. Where a party elects to take advice pre-protocol, at his own expense, in the absence of some unusual factor there is no justification for limiting his privilege and he is free to take such advice on the viability of his claim as he wishes. However, there is no difference in principle between a change of expert instructed for the purposes of proceedings pre-issue and a change of expert only instructed for the same purpose post-issue.