At the end of 2004, the Court of Appeal in Jackson v Marley Davenport Ltd considered whether, if an expert makes an early report to his client before he makes the report which is later disclosed in the litigation, the law requires that earlier report to be disclosed. The court said no, quashing any doubt about the meaning and effect of civil procedure rule 35.10.
The facts of the case concerned an injury sustained by an employee who later brought an action for breach of duty. The claimant employee obtained permission for expert assistance about the cause of the accident. The court made an order that each party was permitted to appoint one engineering expert and one pathology expert to give written evidence, with a provision for exchange of expert reports.
