Cases - Lucas v Barking, Havering & Redbridge NHS Trust
Record details
- Name
- Lucas v Barking, Havering & Redbridge NHS Trust
- Date
- [2003]
- Citation
- EWCA Civ 1102
- Legislation
- Keywords
- Expert witness - Civil Procedure Rules
- Summary
-
In the claimant's action against the defendant health authority for personal injury, a dispute arose whether material supplied to an expert by an instructing party formed part of the expert's 'instructions' for the purposes of CPR 35.10(3). The Court of Appeal held that
'Material supplied by the instructing party as the basis on which the expert is being asked to advise should ... be considered as part of the instructions'.
Under CPR 35.10(4) the court would not order disclosure or permit questioning unless satisfied that there were reasonable grounds to consider the statement of instructions under CPR 35.10(3) to be inaccurate or incomplete. There was no basis to assert that and so disclosure would be refused.