During the pre-action protocol period in a personal injury action the Claimant had nominated three experts upon which he sought to rely. One of those experts was instructed but the Claimant did not wish to place any reliance upon his report. Accordingly, the Claimant wished to place reliance on a further expert in the same discipline but not one that had been proposed pre-action. When proceedings were issued, the Particulars of Claim were served with the report of the second expert. The Claimant was required to seek permission from the Court to place reliance upon the second expert. The Defendant sought disclosure of the report of the first expert as a condition precedent of permission being given. Pursuant to the CPR if a report is disclosed within proceedings any party is be entitled to use it. Overall the Court considered whether such a conditional order could be made.