Bennett v Compass Group UK & Ors [2002] EWCA Civ 642 (18 April 2002)

Bennett v Compass Group UK & Ors [2002] EWCA Civ 642 (18 April 2002)

The court has jurisdiction under the CPR to order a claimant to provide authority for defendants to obtain medical records directly from third parties where those records are under the claimant's control and disclosure is necessary for the fair conduct of the litigation. While such orders should be rare and carefully drafted, in this case the district judge did not err in principle or act outside the bounds of discretion, given the claimant's solicitors' failure to cooperate and the need to progress the case.

Citation
[2002] EWCA Civ 642
Parties
Claimant: Bennett; Defendant: Compass Group UK; Defendant: Ireland Limited and Another
Jurisdiction
England and Wales
Judgment Date
18 April 2002
Procedural Posture
Personal Injury Appeal / Second Appeal to Court of Appeal (civil Division) From County Court
Outcome
Appeal dismissed (by majority, Pill LJ dissenting)
Legal Topics
Disclosure of Documents, Inspection of Medical Records, Case Management Powers, Jurisdiction and Discretion Under CPR, Personal Injury Litigation Procedure
Civil Procedure Personal Injury Disclosure of Documents Inspection of Medical Records Case Management Powers Jurisdiction and Discretion Under CPR Personal Injury Litigation Procedure

Case Brief

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Parties

Bennett

Claimant

Compass Group UK

Defendant

Ireland Limited and Another

Defendant

Procedural Posture

Personal Injury Appeal / Second Appeal to Court of Appeal (civil Division) From County Court

Legal Issues

  1. 1 Whether the court has jurisdiction to order a claimant to provide authority for defendants to obtain medical records directly from third parties
  2. 2 Whether such an order was a proper exercise of discretion in the circumstances of a personal injury case

Ratio Decidendi

The court has jurisdiction under the CPR to order a claimant to provide authority for defendants to obtain medical records directly from third parties where those records are under the claimant's control and disclosure is necessary for the fair conduct of the litigation. While such orders should be rare and carefully drafted, in this case the district judge did not err in principle or act outside the bounds of discretion, given the claimant's solicitors' failure to cooperate and the need to progress the case.

Court Disposition

Appeal dismissed (by majority, Pill LJ dissenting)

Orders

  • Costs awarded to the respondent in the sum of £3,164.10