Disclosure of instructions to expert

Lucas v Barking, Havering and Redbridge Hospitals NHS Trust [2003] EWCA Civ 1102, NLJ 1 August, TLR 28 August

CPR rule 35.10 provides:‘… (3) the expert’s report shall state the substance of all material instructions, whether written or oral, on the basis of which the report was written. (4) the instructions referred to in paragraph (3) shall not be privileged against disclosure, but the court will not, in relation to those instructions – (a) order disclosure of any specific document; or (b) permit any questioning in court, other than by the party who instructed the expert, unless it is satisfied that there are reasonable grounds to consider the statement of instructions given under (3) to be inaccurate or incomplete.’