This site uses cookies.

CPR Part 35.14 An Underused Right? - Dr Mark Burgin

27/03/19. Dr. Mark Burgin BM BCh (oxon) MRCGP discusses how asking a court for directions in a personal injury case as a last resort can lead to a resolution in an unusual case.

Asking a court for directions can occur in several occasions but the most useful and likely reason is that the expert has not been provided with important documents.

There will be many cases where the instructing solicitor does not want the medical expert to review records which would be detrimental to the claimant’s case.

In some of these cases the claimant will be instructing their solicitor to challenge the medical evidence and the expert will be resisting and asking for the evidence to review.

The solicitor is then in the unenviable position of providing those records and having their client exposed or trying to instruct another expert for a second opinion.

A medical expert may wish to ask the court for directions; before the report is served, where a specialist report has been obtained and where the questions are disproportionate.

Before service

The right to ask the court for directions cannot be enforced prior to service of the medical report because there is no court or case number.

The medical expert can still write to the instructing solicitor stating...

Image ©iStockphoto.com/J-Elgaard

Read more (PIBULJ subscribers only)...

All information on this site was believed to be correct by the relevant authors at the time of writing. All content is for information purposes only and is not intended as legal advice. No liability is accepted by either the publisher or the author(s) for any errors or omissions (whether negligent or not) that it may contain. 

The opinions expressed in the articles are the authors' own, not those of Law Brief Publishing Ltd, and are not necessarily commensurate with general legal or medico-legal expert consensus of opinion and/or literature. Any medical content is not exhaustive but at a level for the non-medical reader to understand. 

Professional advice should always be obtained before applying any information to particular circumstances.

Excerpts from judgments and statutes are Crown copyright. Any Crown Copyright material is reproduced with the permission of the Controller of OPSI and the Queen’s Printer for Scotland under the Open Government Licence.