Q&As

What are the options when proceedings need to be served but the medical evidence is incomplete? Should permission for further evidence be requested in the Particulars of Claim and then an application be made to stay the proceedings or should I wait until allocation and then seek a direction for further medical evidence?

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Produced in partnership with David Green of 12 King's Bench Walk
Published on LexisPSL on 09/03/2018

The following PI & Clinical Negligence Q&A produced in partnership with David Green of 12 King's Bench Walk provides comprehensive and up to date legal information covering:

  • What are the options when proceedings need to be served but the medical evidence is incomplete? Should permission for further evidence be requested in the Particulars of Claim and then an application be made to stay the proceedings or should I wait until allocation and then seek a direction for further medical evidence?

In this Q&A, we have assumed that medical evidence has been obtained and is ready to be served but the medical evidence is incomplete because a final prognosis of the medical condition has not yet been reached and/or further evidence is required from experts in other fields of expertise.

CPR PD 16, para 4.3 requires that ‘where the claimant is relying on the evidence of a medical practitioner the claimant must attach to or serve with his particulars of claim a report from a medical practitioner about the personal injuries which he alleges in his claim’.

(CPR PD 16, para 4.3A immediately below sets out specific requirements for soft tissue injury claims.)

CPR PD 16, para 13.3 below provides that ‘a party may […] (3) attach to or serve w

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