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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...

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