Derby & Co Ltd & Ors v Weldon & Ors (No.9) (1990)


No duty to disclose unless the statement is to be adduced in evidence at the trial.


Appeal by plaintiffs against refusal to order the defendants to serve on the plaintiffs' solicitors a report of expert evidence on an issue in the action.


The reference in RSC O.38 r.37(1) to "the substance of the evidence "which was to be disclosed", was a reference only to evidence it was intended the expert would give at the trial and not to all the evidence he could give. Kenning v Eve Construction Ltd (1989) 1 WLR 1189 was wrongly decided in so far as it conflicted with the decision now being given. The court had no power to order a party to disclose expert evidence on an issue on which that party did not intend to adduce evidence.

Appeal dismissed.