Disclosure

Gower Chemicals Group Litigation v Gower Chemicals Ltd and another [2008] EWHC 735 QBD 17 April

There had been a leakage of toxic chemicals at the premises of the first defendant. Two employees died and many people reported suffering ill effects from exposure to past leakages, which resulted in settlement of the claims and agreement that the defendants should pay costs on the standard basis. The claimants claimed substantial costs for experts’ reports which had not been disclosed in the litigation. On the detailed assessment, the claimants were ordered to elect either to disclose the experts’ reports to the paying parties or to decline disclosure and rely on other evidence. The claimants appealed against that direction.