Description
The pursuer was the mother of Amy Whitehead. Miss Whitehead was aged twelve when she was struck by a van driven by the first defender, who was in the course of his employment with the second defenders. A proof has been fixed for 28 November 2006. The pursuer has lodged two reports in process. The defenders moved for a commission and diligence to recover the "Documentation reviewed" by the author of the reports and the " precognitions" upon which the reports were based. The main contention of the defenders was that they were entitled to recover the material because it had been referred to in the reports lodged and relied upon by the experts and the defenders were entitled to the documents in order to test the conclusions reached by the experts in their reports. Here the court considered whether to grant a commission and diligence in the terms sought.
