EXPERT WAIVED PRIVILEGE WHEN MENTIONING ANOTHER REPORT IN HIS REPORT: “TRIAL BY AMBUSH IS NO LONGER THE ORDER OF THE DAY”

We are looking again at the judgment of HHJ Paul Matthews (sitting as a High Court judge) in Pickett v Balkind [2022] EWHC 2226 (TCC)  .  Again it is in relation to an issue relating to experts.  An expert had referred to another report which had not been disclosed.  The judge decided that there was...