McGrory v. Electricity Supply Board [2003] IESC 45 (24 July 2003)

McGrory v. Electricity Supply Board [2003] IESC 45 (24 July 2003)

The Supreme Court held that the plaintiff, by bringing a personal injury claim, necessarily waives medical privacy to the extent required for the defendant to prepare its defence, and that the court has inherent jurisdiction to stay proceedings until the plaintiff consents to the defendant's medical adviser consulting with the plaintiff's medical advisers.

Citation
[2003] IESC 45
Parties
Plaintiff/respondent: Michael McGrory; Defendant/appellant: Electricity Supply Board
Jurisdiction
Ireland
Judgment Date
24 July 2003
Procedural Posture
Personal Injury Action / Appeal From High Court to Supreme Court
Outcome
appeal allowed
Legal Topics
Personal Injuries, Medical Examination, Discovery, Stay of Proceedings, Waiver of Medical Confidentiality
Tort Law Civil Procedure Personal Injuries Medical Examination Discovery Stay of Proceedings Waiver of Medical Confidentiality

Case Brief

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Parties

Michael McGrory

Plaintiff/respondent

Electricity Supply Board

Defendant/appellant

Procedural Posture

Personal Injury Action / Appeal From High Court to Supreme Court

Legal Issues

  1. 1 Whether a plaintiff in a personal injury action can refuse to consent to the defendant's medical adviser consulting with the plaintiff's medical advisers
  2. 2 Whether the court has jurisdiction to stay proceedings until such consent is given

Ratio Decidendi

The Supreme Court held that the plaintiff, by bringing a personal injury claim, necessarily waives medical privacy to the extent required for the defendant to prepare its defence, and that the court has inherent jurisdiction to stay proceedings until the plaintiff consents to the defendant's medical adviser consulting with the plaintiff's medical advisers.

Court Disposition

appeal allowed

Orders

  • Order staying the proceedings until the plaintiff consents to the defendants' medical adviser consulting with his medical advisers.