Pizzey v Ford Motor Company Ltd

JurisdictionEngland & Wales
Judgment Date26 February 1993
Date26 February 1993
CourtCourt of Appeal (Civil Division)

Court of Appeal

Before Lord Justice Nourse, Lord Justice Stuart-Smith and Lord Justice Mann

Pizzey
and
Ford Motor Co Ltd

Evidence - admissibility - medical report disclosed accidentally

Using medical report disclosed accidentally

Unfavourable medical reports obtained confidentially by a plaintiff for the purposes of personal injury litigation which were inadvertently disclosed on discovery to the defendants could be used by them at the trial. The defendants' solicitor reasonably believed that the plaintiff's solicitor had waived the privilege that attached to the reports so that the plaintiff could not rely on his solicitor's mistake to prevent their use.

The Court of Appeal so held in dismissing an appeal by the plaintiff, Mr Albert Pizzey, from the decision of Judge Goldstein in Bow County Court in July 1992 refusing to restrain the defendants, the Ford Motor Co Ltd, from using at the trial two privileged documents which had been inadvertently...

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    • 7 September 2007
    ...Ltdd [1986] 1 WLR 1429, Guinness Peat Properties Ltd v Fitzroy Robinson Partnership [1987] 1 WLR 1027, Pizzey v Ford Motor Company [1994] PIQR 15, Shell E & P Ltd v McGrath [2006] IEHC 409 (Unrep, Smyth J, 5/12/2006) and Marubeni Corporation v Alafouzos [1988] CLY 2841 followed; Hannigan v ......
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    ...distinguished. (31) Pearce v. FosterELR(1885), 15 Q.B.D. 114, dicta of Brett, M.R. considered. (32) Pizzey v. Ford Motor Co. Ltd., [1994] P.I.Q.R. P15, considered. (33) Quinn v. Leathem, [1901] A.C. 495; (1901), 85 L.T. 289, dicta of Lord Halsbury, L.C. considered. (34) R. v. Ataou, [1988] ......
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    ... ... FSR 232 DERBY & CO LTD v WELDON (NO 8) 1991 1 WLR 73 PIZZEY v FORD MOTOR CO LTD THE TIMES 8.3.1993 PARAGON FINANCE PLC v ... ...
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