Q&As

It is my understanding that there is no provision within the MOJ process for the defendant to put questions to the medical expert and therefore believe that if they wish to do so they should remove the claim from the process. Is there any case law or CPR rule to support this?

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Published on LexisPSL on 28/03/2018

The following PI & Clinical Negligence Q&A provides comprehensive and up to date legal information covering:

  • It is my understanding that there is no provision within the MOJ process for the defendant to put questions to the medical expert and therefore believe that if they wish to do so they should remove the claim from the process. Is there any case law or CPR rule to support this?

Case law on the above has not been found. However, the following may be useful for your purposes.

The Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents, paras 7.1–7.8B are the relevant provisions for obtaining medical evidence.

According to Commentary: Obtaining Medical Evidence: Bingham & Berrymans' Personal Injury and Motor Claims Cases [20.23] ‘there is currently no provision for either party to put questions to the expert’. This is in contrast to the Pre-action protocol for personal injury claims which states in Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents, para 7.2 that proto

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