A v Minister for Health and Social Services 08-02-2021 [2021] JRC 036 (08 February 2021)

A v Minister for Health and Social Services 08-02-2021 [2021] JRC 036 (08 February 2021)

In complex personal injury cases, particularly where liability and quantum are in dispute, discovery of relevant documents from both parties should precede the plaintiff's provision of expert evidence and schedule of loss. Early quantification is encouraged in straightforward cases, but not mandated in complex...

Source-derived case information.

Citation
[2021] JRC 036
Parties
Plaintiff: Plaintiff; Defendant: Defendant
Jurisdiction
Jersey
Judgment Date
08 February 2021
Procedural Posture
Personal Injury / Directions Hearing
Outcome
Directions issued for discovery from both parties prior to plaintiff's provision of quantum evidence and schedule of loss; stay ordered for settlement discussions; further directions to follow if settlement fails.
Legal Topics
Case Management, Quantification of Damages, Expert Evidence, Discovery, Pre Action Communications
Civil Procedure Personal Injury Case Management Quantification of Damages Expert Evidence Discovery Pre Action Communications

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Summary, issues, holding and outcome

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Parties

Plaintiff

Plaintiff

Defendant

Defendant

Procedural Posture

Personal Injury / Directions Hearing

Legal Issues

  1. 1 Whether plaintiffs in personal injury cases must provide a schedule of loss and supporting medical evidence at an early stage
  2. 2 Appropriate timing and manner of disclosure of expert evidence and quantification of claims
  3. 3 Case management in complex personal injury actions

Ratio Decidendi

In complex personal injury cases, particularly where liability and quantum are in dispute, discovery of relevant documents from both parties should precede the plaintiff's provision of expert evidence and schedule of loss. Early quantification is encouraged in straightforward cases, but not mandated in complex cases. Case management orders must be tailored to the complexity and issues in dispute, balancing efficient progression with fairness.

Court Disposition

Directions issued for discovery from both parties prior to plaintiff's provision of quantum evidence and schedule of loss; stay ordered for settlement discussions; further directions to follow if settlement fails.

Orders

  • Discovery of all relevant documents relating to liability and quantum from both parties
  • Plaintiff to disclose expert evidence on quantum followed by schedule of loss