Disclosure And Expert Evidence In Scotland

A recent decision of the Court of Session in Edinburgh has confirmed the position in Scotland regarding disclosure of material relied upon in expert reports. The decision has highlighted the differences between the scope of disclosure and the nature of expert evidence in Scotland and in England & Wales.

Although the issue arose in the context of a personal injury action, Lord Carloway’s opinion (see Amy Whitehead’s Legal Representative v Graeme John Douglas and Another [2006] CSOH 178) will equally apply to the expert evidence produced in relation to other claims in Scotland.

The case demonstrates that differences between the Scottish and English procedural rules may give rise to opportunities where it is possible to choose the jurisdiction in which to prosecute a claim. It is important that such differences are considered at the outset of a dispute.