In Shepherd & Neame & Ors v EDF Energy Networks (SPN) Plc & Ors - Lawtel 5.2.08 the applicants applied under CPR r.35.11 for permission to rely upon expert reports that had been commissioned and disclosed by defendants who were no longer party to the substantive proceedings.

The Queen’s Bench court held that the wording of CPR r.35.11 was unequivocal and unqualified: providing that a report had been disclosed by a party in the relevant proceedings, CPR r.35.11 operated so as to allow every party the option to rely upon it as evidence. It did not matter that the party who had commissioned the report had withdrawn from the proceedings. In any event, in the instant case, a special costs order could be made in E's favour if the additional reports proved to be unnecessary to the reasonable resolution of the case.