Article 10

Rule 36(1) shall be amended by inserting, after the words “adduce the evidence”, the letter “(a)” and by adding, after the word “application”, the word “, or” and the following sub-paragraph:—

“(b)

has complied with automatic directions taking effect under Order 25, rule 8(1)(b).”.

For the existing rule 37 there shall be substituted the following rule:—

““Expert evidence in actions for personal injuries

37

(1)

This rule applies to any action for personal injuries, except—

(a)

any Admiralty action; and

(b)

any action where the pleadings contain an allegation of a negligent act or omission in the course of medical treatment.

(2)

Where an application is made under rule 36(1) in respect of oral expert evidence, then, unless the Court considers that there is sufficient reason for not doing so, it shall direct that the substance of the evidence be disclosed in the form of a written report or reports to such other parties and within such period as the Court may specify.

(3)

Where the expert evidence relates to medical matters the Court may, if it thinks fit, treat the following circumstances as sufficient reason for not giving a direction under paragraph (2), namely that the expert evidence may contain an expression of opinion—

(i)

as to the manner in which the personal injuries were sustained; or

(ii)

as to the genuineness of the symptoms of which complaint is made.

(4)

Where the expert evidence does not relate to medical matters, the Court may, if it thinks fit, treat as a sufficient reason for not giving a direction under paragraph (2) any of the circumstances set out in sub-paragraphs (a) or (b) of rule 38(2).”

For the existing title to rule 38 there shall be substituted the title

“ Expert evidence in other actions ”.

Rule 40 shall be revoked.