Carlson v Townsend [2001] EWCA Civ 511 (10 April 2001)

Carlson v Townsend [2001] EWCA Civ 511 (10 April 2001)

The Pre-Action Protocol for Personal Injury Claims encourages but does not require disclosure of medical reports from mutually acceptable experts, and following the Protocol does not waive privilege in such reports; the court cannot order disclosure of a privileged report in these circumstances.

Citation
[2001] EWCA Civ 511
Parties
Claimant/respondent: Richard Thurber Carlson; Defendant/appellant: Karen Townsend
Jurisdiction
England and Wales
Judgment Date
10 April 2001
Procedural Posture
Civil Appeal / Second Tier Appeal From Worcester County Court
Outcome
Appeal dismissed
Legal Topics
Pre Action Protocols, Disclosure of Medical Reports, Privilege in Litigation, Expert Evidence
Civil Procedure Personal Injury Pre Action Protocols Disclosure of Medical Reports Privilege in Litigation Expert Evidence

Case Brief

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Parties

Richard Thurber Carlson

Claimant/respondent

Karen Townsend

Defendant/appellant

Procedural Posture

Civil Appeal / Second Tier Appeal From Worcester County Court

Legal Issues

  1. 1 Whether the Pre-Action Protocol for Personal Injury Claims requires disclosure of a medical report from a mutually acceptable expert
  2. 2 Whether the claimant's refusal to disclose the report constitutes non-compliance with the Protocol
  3. 3 Whether the court can order disclosure of a privileged medical report

Ratio Decidendi

The Pre-Action Protocol for Personal Injury Claims encourages but does not require disclosure of medical reports from mutually acceptable experts, and following the Protocol does not waive privilege in such reports; the court cannot order disclosure of a privileged report in these circumstances.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs, on a public funding assessment of the respondent's costs.