The defendant hospital had applied for an order for inspection under CPR 31.4(2) in respect of a witness statement and an earlier expert report referred to in expert reports produced for a personal injury claim. The appellant, Mr Lucas, resisted this application on the basis that the documents were excluded from disclosure by operation of CPR 35.10(4) as they formed part of the instructions provided to the expert who made the reports that referred to the document. The Master who allowed the hospital's application at first instance considered that he was bound by an earlier decision to the effect that material that an expert was required to comply with when answering questions he was instructed to consider was not part of his instruction.
The court had to construe both CPR 35.10(3) – the provision that compelled experts to set out all their "material instructions", including any privileged material of which they may have had sight when preparing their report – and CPR 35.10(4), relied upon by the appellant.

23 July 2003, Court of Appeal, Civil Division, Judgment of Lord Justice Waller.