Ure -v- Minister for Economic Development [2015] JRC 256 (11 December 2015)

Ure -v- Minister for Economic Development [2015] JRC 256 (11 December 2015)

The exchange of medical expert reports should ordinarily be sequential, with the plaintiff providing medical evidence first to facilitate settlement and cost efficiency, unless justified circumstances warrant simultaneous exchange; the issue is one of discretion based on case-specific factors.

Citation
[2015] JRC 256
Parties
Plaintiff: Plaintiff; Defendant: Defendant
Jurisdiction
Jersey
Judgment Date
11 December 2015
Procedural Posture
Personal Injury / Directions Hearing
Outcome
Sequential exchange of medical expert reports ordered.
Legal Topics
Exchange of Expert Reports, Medical Evidence, Case Management
Civil Procedure Personal Injury Exchange of Expert Reports Medical Evidence Case Management

Case Brief

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Parties

Plaintiff

Plaintiff

Defendant

Defendant

Procedural Posture

Personal Injury / Directions Hearing

Legal Issues

  1. 1 Should expert medical reports be exchanged simultaneously or sequentially in personal injury proceedings?

Ratio Decidendi

The exchange of medical expert reports should ordinarily be sequential, with the plaintiff providing medical evidence first to facilitate settlement and cost efficiency, unless justified circumstances warrant simultaneous exchange; the issue is one of discretion based on case-specific factors.

Court Disposition

Sequential exchange of medical expert reports ordered.

Orders

  • Defendant to indicate acceptance or rejection of plaintiff's medical expert findings by 31 December 2015.
  • Plaintiff to file medical evidence for trial by 11 March 2016.