In a personal injury case,does the barrister acting for the plaintiff share all the information about the case?

2 Comments

1. JZD says:

   March 11, 2010 at 10:43 am

   In all PI disputes, the parties have a system of what is known as ‘disclosure’ whereby both sides share evidence and witness evidence. All litigation is very much "cards on the table" and that’s why 98%+ of PI claims settle.
2. SimonC says:

   March 11, 2010 at 10:43 am

   The word plaintiff is no longer used. They are now referred to as claimants. And generally most personal injury (PI) cases will be looked after solely by solicitors, unless it is a highly complex case.

   In all PI cases there are strict duties on both sides to share all their evidence well before the trial. One reason for this is to encourage them to settle out of court as soon as possible. Any evidence not shared within the required timescale cannot be used unless the court gives permission.

   A medical report is a particular example of an expert’s report. In more straightfoward and lower value cases the court will expect that both sides share the same independent expert. Even if both sides have their own expert, the expert owes a duty to the court not the particular party who engaged them. And if the reports are contradictory the court will expect the experts to agree a common line between themselves, or at least to explain why their contradictory opinions are both reasonable.