Cases - Webster v James Chapman & Co

Record details

Name

Webster v James Chapman & Co

Date

[1989]

Citation

3 AII ER 939, ChD

Keywords

Expert witness

Summary

In an industrial injury case, a report by the employee's consulting engineer expert was accidentally sent to the employers' solicitors. It contained findings adverse to the employee's case. The employee's solicitors sought the return of the report and an undertaking that it would not be used. A subsequent report, much more favourable to the employee, was subsequently submitted to be relied on at trial. The court rejected the argument that the employers should not be allowed to use the first report:

'The expert will be amenable to cross-examination. He is likely to be asked his opinion on causation and contributory negligence. He may say that he has previously expressed an opinion on those matters. He may deny it. Whichever way it goes, it seems to me that the conduct of the defendant's case would be seriously embarrassed if the defendant and its legal advisers were not able to make use of their knowledge of the contents of the original report, knowledge that has come into their possession through no fault of theirs ... if there is an explanation which the expert can give of the difference between the reports, so be it, he can give it. If there is no explanation he can give, it does not seem to me that to allow that to become apparent would represent injustice.'