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Parties' right to use another party's expert report
Practical Law UK Legal Update 8-380-5916 (Approx. 3 pages)
Parties' right to use another party's expert report
by PLC Dispute Resolution
In Shepherd Neame and ors v EDF Energy Networks (SPN) PLC and ors [2008] EWHC 123 (TCC), Akenhead J had to consider an application made by the claimants during the trial to rely on the reports of two experts retained by the second and third defendants. The latter were no longer involved in the proceedings since the claims against them had been discontinued after the trial began.
After citing the material parts of the judgment in Gurney Consulting Engineers v Gleeds Health & Safety Ltd [2006] EWHC 43 (TCC), which Akenhead J found to be illuminating and correct, he held that the claimants were entitled to rely upon the experts' reports for a number of reasons:
- CPR 35.11 gave them an unqualified right to do so.
- If the parties had complied with court orders regarding expert reports and the production of joint statements, it was logical that they could rely on reports of experts who were no longer in the proceedings.
- Even if CPR 35.11 gave him a discretion, pursuant to case management powers, he would have allowed the claimants to rely on the reports. In order to understand the joint statements, it was likely to be necessary to understand what the reports said.
- It was not disproportionate to permit the claimants to rely on these reports. There was no prejudice to EDF who could either call the two experts for cross-examination or rely on paragraph 11 in Gurney to the effect that no great weight can be attached to the views of an expert who does not give oral evidence at trial.
- Costs would not be materially increased.
This decision confirms Gurney and is a useful reminder that, under CPR 35.11, where a party has disclosed an expert's report, any other party can use that report as evidence at trial.
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Resource ID 8-380-5916© 2024 Thomson Reuters. All rights reserved.
Published on 30-Jan-2008
Resource Type Legal update: archive
Jurisdictions
Related Content- England
- Wales