Cases - Robin Ellis Ltd v Malwright Ltd

Record details

Name

Robin Ellis Ltd v Malwright Ltd

Date

[1999]; [1999]

Citation

EWHC Technology 256; BLR 81

Keywords

Expert witness

Summary

The court ordered the parties' experts in a construction dispute to meet without prejudice to narrow and agree facts. The experts produced a joint statement. The court held that:

'The Joint Statement which the experts were ordered to produce is a document produced for the Court to assist the Court in case management of the litigation and also in management of the conduct of the trial. It is not a document which one party (or both parties) can withhold from the Court by a claim of privilege.'

Conversely, the product of the discussions is not binding on the parties; it 'may be referred to as a compromise but it is not a compromise in the sense of a compromise agreement binding on the parties'.