ABSTRACT

The first Austin Allegros were sold in May 1973. This case about them is important because of the evidence of the deputy chairman, the chief engineer and the withering comments of the judge in his summing up. The message is very clear: if there is a design defect don't treat the symptoms; cure the disease. An important part of this case was the internal BL documents. These had to be available because each party must disclose to the other their relevant papers, unless they can claim privilege for them. A party must disclose not only documents, which assist his case, but also documents, which damage his case. Designers should be fully aware of the consequences of discovery and realize that their documentation could one day appear as evidence in the High Court. Marginal comments scribbled in haste are as much part of a document as the text itself.