Derby & Company Ltd v Weldon (No. 9)
| Jurisdiction | England & Wales |
| Court | Court of Appeal (Civil Division) |
| Judgment Date | 06 November 1990 |
| Date | 06 November 1990 |
Court of Appeal
Before Lord Justice Dillon, Lord Justice Ralph Gibson and Lord Justice Staughton
Practice - expert evidence - disclosure
The court had no power to order a party to litigation to disclose expert evidence on an issue on which that party did not intend to adduce evidence at the trial.
The Court of Appeal so held in dismissing an appeal by the plaintiffs, Derby & Co Ltd, Cocoa Merchants Ltd, Phibro-Salomon Finance AG, Phibro-Salomon Ltd, Philipp Brothers Inc, Philipp Brothers Ltd and Salomon Inc, from Mr Justice Mummery who, in the course of an action between the plaintiffs and the defendants, Anthony Henry David Weldon, Ian Jay, Milco Corporation Panama, CML Holding SA Luxembourg, Wollstein Stiftung, Tim Schneider, Ernst Aeschbacher, Peter Ritter, Steelburg Management Inc, Pilgrim Enterprises Inc, Louis Rohner and Peripheria SA, had by order dated October 30, 1990, inter alia, declined to order the defendants to serve on the plaintiffs' solicitors a report of expert evidence on an issue in the action.
Mr Charles Purle, QC for the plaintiffs; Mr David Hunt, QC and Miss Lindsey Stewart for the third to twelfth defendants; Mr Michael Green for the first and second defendants.
LORD JUSTICE DILLON said that among numerous interlocutory orders already made in the action was one on February...
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... ... 310E–G , 311C–E , 312C–H ) ... Ashtiani v. Kashi [ 1987 ] Q.B. 888 and Derby & Co. Ltd. v. Weldon (Nos. 3 and 4) [ 1990 ] Ch. 65 distinguished ... The following cases ... 981 , C.A ... Maclaine Watson & Co. Ltd. v. International Tin Council (No. 2) [ 1987 ] 1 W.L.R. 1711 ; [ 1987 ] 3 All E.R. 886 ; [ 1989 ] Ch. 286 ; [ 1988 ... ...
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