The County Court (Amendment) Rules (Northern Ireland) 2013

Rule 14(f)

SCHEDULE 1

“PART III MEDICAL EVIDENCE

I. PRELIMINARY

Application and interpretation

35.— (1) This Part of this Order applies to all actions in respect of personal injury or death.

(2) For the purposes of this Order—

“medical evidence” means—

(a)

the evidence contained in any medical report or other accompanying or supplemental document as specified in rule 44 and includes surgical and radiological evidence and any ancillary expert or technical evidence; and

(b)

any other evidence of a medical, surgical or radiological nature which a party proposes to adduce at the hearing by means of oral testimony;

and the expressions “medical expert” and “medical examination” shall be construed accordingly; and

“clinical negligence” means negligence in connection with the diagnosis of any illness, or the care or treatment of any patient, in consequence of any act or omission to act by a person employed or engaged for such purposes.

Restrictions on medical evidence

36.   No party shall, except with the leave of the judge or district judge as the case may be or on consent, adduce medical evidence at the hearing the contents of which he has not disclosed to the other parties in accordance with rules.

Failure to comply with rules

37.   Where any party fails to comply with any of the provisions of this order, the judge or district judge may stay the action or strike out that party’s defence, as the case may be, or make such order as the judge or district judge considers appropriate.

PART IV GENERAL RULES

Application

38.   This Part of this Order applies to all proceedings for damages in respect of personal injury or death except actions grounded on an allegation of clinical negligence.

Medical report to be served on the defendant

39.   The plaintiff shall serve on the defendant medical evidence substantiating the personal injuries alleged in the civil bill within 14 days after service upon him of the defendant’s notice of intention to defend.

Medical examination of another party; disclosure of report

40.   Any party who has been afforded medical examination of another party shall disclose to that other party any medical evidence resulting from such examination within 21 days of receiving it and in any case before the first day of the hearing.

Disclosure of medical evidence

41.   Subject to rule 39, where a party proposes to adduce at the hearing medical evidence obtained from any medical expert, he shall disclose all relevant medical evidence obtained at any time from that medical expert to the relevant party or parties in accordance with rule 36 or within 21 days of receiving it and in any case before the first day of the hearing.

Evidence received during the hearing

42.   Where a party obtains on or after the first day of the hearing any report of evidence of the kind mentioned in rule 39 or 40, he shall disclose that report or evidence to the relevant party or parties immediately.

Party to furnish name and address of doctor, etc.

43.   Any party to an action shall furnish to any other party on demand the name and address of any medical practitioner or the name of any hospital from whom or at which he received any medical or surgical treatment material to the action.

Mode of disclosure

44.— (1) A party serving or disclosing medical evidence under this Part of the Order shall do so by furnishing copies of any relevant medical report or reports, together with any documents emanating from the maker of the report which are intended by him to accompany or supplement any such report, or a document containing a sufficient record of any such evidence as is referred to in the definition of medical evidence in rule 35(2). All such reports or other documents shall be signed and dated by the relevant medical expert and shall specify his professional qualifications.

(2) On the ex parte application of any party bound to serve or disclose any medical report under this Order, the judge or district judge as the case may be may give him leave—

(i) to adduce at the hearing the evidence contained in any report without serving or disclosing the report; or

(ii) to omit or amend any part of any report when serving or disclosing the report.

Variation between evidence disclosed and evidence at hearing

45.   Where a party’s medical evidence at the hearing varies from the evidence which that party has disclosed to another party, the judge or district judge may on the application of any party adjourn the hearing or make any such order, on such terms as to costs and otherwise, as to the judge or district judge may seem appropriate.

PART V CLINICAL NEGLIGENCE ACTIONS

Application

46.   This Part of this Order applies to proceedings for damages in respect of personal injury which are grounded on an allegation of clinical negligence.

Disclosure of medical evidence on the issue of liability

47.— (1) Where more than one party to such an action proposes to adduce at the hearing medical evidence obtained from any medical expert on the issue of liability, each party shall—

(i) insofar as they then have in their possession or power that evidence, disclose it to the other party or parties simultaneously within 28 days after service of the notice of intention to defend; and

(ii) insofar as any party thereafter obtains any such evidence before the date of the hearing, disclose it to the other party or parties within 21 days of receiving it and in any case before the hearing.

(2) Nothing in paragraph (1) shall be interpreted as imposing an obligation on any party to disclose evidence obtained from any medical expert on liability except where the party or parties to whom disclosure is to be made is also relying on such evidence and simultaneous exchange is to take place.

Disclosure of medical evidence on the issue of damages

48.— (1) Where the plaintiff proposes to adduce at the hearing medical evidence obtained from any medical expert for the purpose of assisting the judge or district judge in assessing damages, he shall—

(i) insofar as he then has in his possession or power that evidence, disclose it to the other party or parties within 14 days after service upon him of the defendant’s notice of intention to defend; and

(ii) insofar as he thereafter obtains any such evidence before the date of the hearing, disclose it to the other party or parties within 21 days of receiving it and in any case before the hearing.

(2) Where the defendant or any other party proposes to adduce at the hearing medical evidence obtained from any medical expert for the purpose of assisting the judge or district judge in assessing damages, he shall—

(i) insofar as he then has in his possession or power that evidence, disclose it to the plaintiff and any other party or parties within 28 days after service of the notice of intention to defend; and

(ii) insofar as he thereafter obtains any such evidence before the date of hearing, disclose it to the plaintiff and any other party or parties within 21 days of receiving it and in any case before the hearing.”