Expert Witnesses: Blast from the past
When an expert prepares more than one report for his client, is there an obligation to disclose the early drafts that were not intended for the court? A Court of Appeal ruling has now clarified this ambiguity, as Tim Beale and Nina Hall explain
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.
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