Description
Consideration Of Disclosure of Earlier Expert Reports Where A Change Of Experts Occurred:The Court of Appeal held that pursuant to CPR r. 35.4, the Court had a discretionary power to impose a condition of disclosure of an earlier expert report where a change of expert subsequently occurred and such discretion existed irrespective of whether the change of expert took place pre- or post-issue. The Court of Appeal further held that such discretion should usually be exercised where the proposed change of expert occurred in circumstances where the pre-action protocol had already been engaged. However, the same justifications for ordering disclosure did not apply in respect of an expert instructed to give advice pre-protocol at the party's own expense and who was not instructed to write a report for the Court.
