Personal Injury Disclosure

High Court & Circuit Court Rules

The rules may require any party to a High Court or Circuit Court personal injuries action, to disclose to the other party or parties, without the necessity of any application to court by either party to allow such disclosure, by such time or date as may be specified in the rules, the following information, namely—

• any report or statement from any expert intended to be called to give evidence of medical or para-medical opinion in relation to an issue in the case;
•  any report or statement from any other expert of the evidence intended to be given by that expert in relation to an issue in the case;
•  the names and addresses of all witnesses intended to be called to give evidence as to facts in the case;
• a full statement of all items of special damage together with appropriate vouchers, or statements from witnesses by whose evidence such loss would be proved in the action;
• a written statement from the Department of Social Welfare showing all payments made to a plaintiff subsequent to an accident or an authorisation from the plaintiff to the defendant to apply for such information;
• and such other relevant information or documentation (as may be provided for by rules of court) so as to facilitate the trial of such personal injuries actions;

The rules provide for the imposition by the High Court, or the Circuit Court as the case may be, of a sanction for non-compliance with the requirement, including termination of an action, prohibition on a party from adducing such evidence as has not been disclosed without leave of the court, and penalties as to award of costs.

Disclosure of Reports

The rules require disclosure of reports, statements and information including in particular medical reports, in personal injury actions.  The disclosure rules apply to any action in the High Court for damages in respect of personal injury to a person. Personal injuries include any disease or impairment of a person\’s physical or mental condition. It also covers fatal injury claims.

A report means, a report or reports or statement from accountants, actuaries, engineers, dentists, doctors, engineers, occupational therapists, psychologists, psychiatrists, scientists, and any other expert whatsoever intended to be called to give evidence in relation to an issue in a personal injuries action and containing the substance of the evidence to be adduced.  They shall include any maps, drawings, photographs, charts, calculations and like matters referred to in such reports.

Any copy report, including a copy report in the form of a letter, statement or copy letter howsoever made, recorded or retained from any such expert above, intended  to be called in evidence in relation to an issue or action containing the substance of the evidence to be adduced, the original of which has been lost, destroyed, or mislaid or concealed, is deemed a report for the purposes of the obligation.

Exchange of Reports Pre-trial I

The claimant in a personal injury action shall furnish to the other party or parties or their respective solicitors a schedule listing all reports from expert witnesses intended to be called within one month of the service of the notice of trial in respect of the action or within such further time, as may be agreed by the parties or allowed by the Court.

Within seven days of receipt of the claimant\’s schedule, the defendant or other party shall furnish to the claimant or any other party a schedule listing all reports from expert witnesses intended to be called.  Within seven days of the receipt of the schedule of the defendant or other party or parties, the party shall exchange copies of the reports listed in the relevant schedule.

The parties to an action shall exchange with the other party or parties or their respective solicitors, the relevant reports, information and statement, within one month of the service of the notice of trial or within such further time as may be agreed by the parties or allowed by the Court.

In any case, where a party or parties certifies in writing that no report exists which requires to be exchanged, any other party shall, on the expiry of the time fixed, agreed or permitted, deliver any report within the meaning of the section to the other party to the proceedings.

A party, who subsequent to the delivery above, obtains any report (as defined), shall immediately deliver a copy of that report or statement and details of the name and address of such witness, as the case may be, to the other party or parties or their solicitors.

Exchange of Reports Pre-trial II

Service of any report, statement or information requiring to be exchanged or delivered may be done by a letter in writing enclosing the report, statement or information required to be delivered.  It may be sent by ordinary pre-paid post or in such other manner as is authorised by the rules.  The letter shall specifically state that the service is for the purpose of compliance with the above legislation (45 of the Courts and Court Officers Act 1995).

The Court may on application by any party to an action, or of its own motion require that an affidavit or affidavits be filed by any party in relation to proof of disclosure and service required by the rules, in any case where it appears to the Court, necessary so to do.

Any party who has previously delivered any report or statement or details of a witness may withdraw reliance on such by confirming by letter in writing that he does not intend to call the maker of such report or statement or witness to give evidence.  In this event the same privilege, if any, which existed in relation to such report shall be deemed to have always applied to it notwithstanding exchange and delivery which may already have taken place.

Application to Court I

Where any party alleges that the other party to the action has failed to comply with the above requirements, the party may by application to Court on motion, seek directions in relation to the default.   It is to be based on an affidavit setting out particulars of the default.

The Court may, if satisfied that the party in default has failed to comply with the requirements, direct compliance immediately or within such time as may be fixed or make such other order as the justice of the case requires including an order providing that in default of compliance,

• the party in default is to be prohibited from offering evidence; or
• the claim or defence as the case may be, may be struck out and may make such order to costs as it deems appropriate.

If at any stage of the hearing of an action, it appears to the Court that there has been non-compliance with any of the above obligations, the Court may having heard any such evidence as may be adduced by the parties in relation to non-compliance, may make such order as it deems fit.  This includes an order prohibiting the offering of evidence in relation to the matter which non-compliance relates.  It may adjourn the action to permit compliance on such terms as it sees fit, including in relation to costs as appears just in the circumstances.

Application to Court II

Where a case has been transferred from the Circuit Court to the High Court, the parties are to comply with the provisions by exchange of a scheduled of report within one month of the order adopting the proceedings.

In any case, application may be made to the Court by motion on notice for an order that in the interests of justice, require that the provisions of the above rule shall not apply in respect of a particular statement or report or part of it which is in that party’s possession, which he maintains should not be disclosed and served as required.  The Court may make such order as it seems just.

In any case, where there has been non-compliance by any party with any requirement of the section or rules, such party, in the absence of the consent of the other may apply by notice on motion for an order seeking the leave of the Court permitting the offering of evidence as has not been disclosed. The Court may make such order on such application as appears just in the circumstances.