Cases - Beck v Ministry of Defence

Record details

Name

Beck v Ministry of Defence

Date

[2003]

Citation

EWCA Civ 1043

Keywords

Expert witness

Summary

In a personal injury case, where the claimant had been examined by the defendants' expert, the defendants wanted to instruct a new expert because they were dissatisfied with his conclusions. The Court of Appeal held that the first expert's report would have to be disclosed in such circumstances.

'Once the judge has decided to allow a new expert to be instructed, there is no reason not to disclose the discarded expert's report and every reason to disclose it. The disclosure of the original report should be a condition of the defendant being allowed to instruct a new expert ...'