The defence were unable to serve an expert report as the prosecution had failed to serve the custody record, which contained pre-release readings. The expert confirmed that client may have been either above or below the prescribed limit dependant on his rate of elimination, which could have been ascertained with the information in the custody record. Philip Lucas (instructed by Laura Heywood) submitted that it would be unfair to allow the case to continue to trial. The prosecution accordingly applied to adjourn agreeing that the defence should be able to access an expert report and there was unfairness. Mr Lucas opposed the application which the Court refused resulting in the prosecution offering no evidence.