In Hoyle v Rogers,1 Mr Rogers was a passenger in a vintage Tiger Moth propeller bi-plane; Mr Hoyle was the pilot. In 2011, in the course of the flight, the aircraft crashed to the ground. Mr Rogers was killed; Mr Hoyle was seriously injured but survived. The UK Air Accident Investigation Branch (“AAIB”) investigated the accident and produced a report. The issue for the Court of Appeal was whether the report was admissible in evidence and whether, if admissible at all, the court should exclude it as a matter of discretion.