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 Independent experts what has to be disclosed

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Martin



Number of posts : 2
Registration date : 2007-08-26

PostSubject: Independent experts what has to be disclosed   Sun Aug 26, 2007 10:15 am

file:///C:/Documents%20and%20Settings/J%20Thompson/Desktop/New%20Folder/case%20law%20by%20topic/harris%20scarfe%20vs%20ernst%20young%20re%20medical%20experts%20and%20production.htm

This case outlines that almost everything generated in obtaining an expert opinion has to be dislcosed to you.
Even hand written notes of lawyers meeting with the doctors.

Headnote.

HARRIS SCARFE LTD (RECEIVERS & MANAGERS APPOINTED) (IN LIQ) & ORS v ERNST & YOUNG & ORS (No 6) [2006] SASC 148 (19 May 2006)

Application by first defendants for plaintiffs to produce copies of expert reports and documents associated with preparation of expert reports, in accordance with Supreme Court Rules 38.01 and 38.01A - Expert reports prepared for litigation involving directors conduct and operation of large retail organisation - Definition of "expert report" in light of purpose of Rule 38 and Practice Direction 46A - Whether obligation to produce draft expert reports prepared for oral or written discussion with party or legal advisers - Disclosure required under Rule 38.01 even where draft report includes tentative view of expert - No requirement to disclose unpublished drafts prepared in the process of forming expert opinion - Draft reports the subject of discussion not excluded from production - Application granted.
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