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Draft report retains litigation privilege (at least for now)
Keith Rix 494

Draft report retains litigation privilege (at least for now)

byKeith Rix

 

Introduction:

It is not easy to appreciate the significance of this judgment for experts in general without reading the summary so the ‘Commentary’ is at the end. The neuropsychological test results are perhaps not of particular interest to psychologists and psychiatrists at this stage in the proceedings but may become so if the case does not settle and it goes to trial. 

Case

On 11 February 2020, the Claimant was involved in a road traffic accident where she was knocked from her motorcycle and sustained multiple traumatic injuries. Liability is not in issue. The Defendant accepts that the Claimant sustained some injury as a result of the road traffic accident but has concern that the extent of the Claimant's injuries has been exaggerated.

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