Clarke v Poole & Ors [2025] EWCA Civ 447 (11 April 2025)

Clarke v Poole & Ors [2025] EWCA Civ 447 (11 April 2025)

Permission to reopen refusal of permission to appeal is granted due to failure to address claimant's personal autonomy and mental health objections in the balancing exercise; permission to appeal is granted on all grounds to clarify the correct legal test for ordering medical testing in civil litigation.

Citation
[2025] EWCA Civ 447
Parties
Claimant/applicant: Samantha Danyelle Clarke; Defendant/respondent: Matthew Poole; Defendant/respondent: Andrej Borisenkov; Defendant/respondent: Great Lakes Insurance SE
Jurisdiction
England and Wales
Judgment Date
11 April 2025
Procedural Posture
Personal Injury Appeal / Application to Reopen Refusal of Permission to Appeal; Permission to Appeal Granted
Outcome
Permission to reopen refusal of permission to appeal granted; permission to appeal granted on all grounds.
Legal Topics
Medical Testing in Litigation, Stay of Proceedings, Personal Autonomy, Bodily Integrity, Assessment of Damages, Permission to Appeal, Balancing Competing Rights
Personal Injury Civil Procedure Human Rights Medical Testing in Litigation Stay of Proceedings Personal Autonomy Bodily Integrity Assessment of Damages +2 more

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Parties

Samantha Danyelle Clarke

Claimant/applicant

Matthew Poole

Defendant/respondent

Andrej Borisenkov

Defendant/respondent

Great Lakes Insurance SE

Defendant/respondent

Procedural Posture

Personal Injury Appeal / Application to Reopen Refusal of Permission to Appeal; Permission to Appeal Granted

Legal Issues

  1. 1 Whether a stay should be ordered unless claimant consents to invasive medical testing
  2. 2 Correct legal test for ordering medical testing in civil litigation
  3. 3 Impact of personal autonomy and mental health on procedural orders

Ratio Decidendi

Permission to reopen refusal of permission to appeal is granted due to failure to address claimant's personal autonomy and mental health objections in the balancing exercise; permission to appeal is granted on all grounds to clarify the correct legal test for ordering medical testing in civil litigation.

Court Disposition

Permission to reopen refusal of permission to appeal granted; permission to appeal granted on all grounds.

Orders

  • Application to reopen refusal of permission to appeal allowed.
  • Permission to appeal granted on grounds 1, 2, 3, 4, and 5.