If an expert report is not disclosed, what may prevent reliance on it?

• A. Disclosing more reports will automatically allow reliance.
• B. The party can rely regardless.
• C. The court must exclude the report.
• D. Failure to disclose may prevent reliance unless permission is granted.

Answer: (D)

The key idea is that expert evidence must be disclosed under the rules, and if it isn’t, you generally cannot rely on that report at trial unless the court gives permission to use it. Disclosure is designed so the other side can scrutinise and challenge the report and prepare a proper case. When a report has not been disclosed, the usual consequence is that reliance on it is blocked, but the court can permit late reliance if it thinks it would be fair to do so and may impose terms like costs or directions. So the statement reflects the discretionary, non-automatic nature of the remedy: failure to disclose may prevent reliance unless permission is granted.