Article 3 Medical reports

After Order 6, rule 1(4), there shall be inserted the following—

“(5)

Subject to paragraph (6), a plaintiff in an action for personal injuries shall file with his particulars of claim—

(a)

a medical report, and

(b)

a statement of the special damages claimed, together with a copy of those documents for each defendant.

(6)

Where the documents to which paragraph (5) applies are not filed with the particulars of claim, the Court—

(a)

may specify the period of time within which they are to be provided, in which case the plaintiff shall within the time so specified file a copy of them and serve further copies on each defendant; or

(b)

may make such other order as it thinks fit (including an order dispensing with the requirements of paragraph (5) or staying the proceedings).

(7)

For the purposes of this rule, “medical report” means a report substantiating all the personal injuries alleged in the particulars of claim which the plaintiff proposes to adduce in evidence as part of his case at the trial; “a statement of the special damages claimed” means a statement giving full particulars of the special damages claimed for expenses and losses already incurred and an estimate of any future expenses and losses (including loss of earnings and of pension rights).”.