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I have had problems with an Expert Witness medical report,

the expert has been (as...
I have had problems with an Expert Witness medical report, the expert has been (as agreed by the ICO) withholding from me illegally information regarding the report.

I have attempted via a number of methods to seek a legal remedy for this situation. However, I've just encountered additional problems. As such I asked my solicitor to comply with some reasonable adjustments (Equality Act) and he failed to do so.

I'm now taking him to county court for this violation.

However, he is now asking that a copy of this expert report is disclosed to him. I'm not keen to do this as I cannot fully defend this report due to the author illegally withholding evidence from me.

Can I claim that this report is subject to priverliage (sp)?

Thank You
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Answered in 1 minute by:
7/1/2012
Daniel Smith
Daniel Smith, Daniel Smith
Category: UK Law
Satisfied Customers: 4,035
Experience: JustAnswer
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XXXXX XXXXX :

Hi there. Thanks for your question, I will help you with this.

XXXXX XXXXX :

Presumably, the solicitor from whom the report is now being withheld, was the individual that liaised with the expert at the outset to obtain the report? If so, did the solicitor never see the report?

Customer:

Hi, No the case involving the Expert Witness I acted as a LIP

XXXXX XXXXX :

Okay. And was the expert witness report obtained under direction from the court, or did you obtain it without the court ordering it?

Customer:

He was Single Joint

XXXXX XXXXX :

Okay. Then, in answer to your question, you will not be able to claim privilege over the document, as it does not fall within the usual category of document for which privilege can attach.

XXXXX XXXXX :

What you can do, however, in the course of the proceedings, is to ask questions of the expert to deal with the issues that you mentioned. If you do not get answers, or sensible answers, to your questions, you are entitled to apply to the court for an order that the expert report respond properly to your questions.

XXXXX XXXXX :

Those replies could then be used in the issue concerning your solicitor.

Customer:

The current case is not linked to the previous case other than the fact that another expert witness report might be need for the current case (proof of disability). Where as before the expert witness reported on ability to bring a claim within time, limitation act.

Customer:

So I don't think the original expert can be called

XXXXX XXXXX :

If your question was whether the expert report in the first set of proceedings can be withheld from the solicitor in those proceedings, then I stand by my view, that privilege will not attached to that document.

XXXXX XXXXX :

If you are referring to a different report, then please clarify?

Customer:

Do you have a link for what consititues priverlage?

XXXXX XXXXX :

Have a look at this: http://www.herbertsmith.com/NR/rdonlyres/EB08CAF2-2B4D-4C97-916F-E4A8C7D50116/0/CM6.pdf

Customer:

cheers :)

Customer:

Thank You, bye

XXXXX XXXXX :

Anytime! I hope this answers your question. If so, please do rate the speed and quality of service by leaving me a rating. It only takes 1 second to do… If you would like more information, then please let me know and I shall do my best to help out! Thank you!

XXXXX XXXXX :

Bye!

Daniel Smith
Daniel Smith, Daniel Smith
Category: UK Law
Satisfied Customers: 4,035
Experience: JustAnswer
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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