Anderson v Irwin and Another
| Jurisdiction | Northern Ireland |
| Judgment Date | 01 January 1966 |
| Date | 01 January 1966 |
| Court | Court of Appeal (Northern Ireland) |
Action for damages for personal injuries - Refusal by plaintiff to make available hospital records to defendants' medical examiner - Stay of proceedings.
In an action for damages for personal injuries the plaintiff declined to submit himself for examination by the surgeon acting on behalf of the defendants until he had received an undertaking that his hospital records and X-rays would not be made available to the surgeon. The surgeon refused to examine the plaintiff unless he was allowed to refer to the records and X-rays. An application by the defendants that the proceedings be stayed until the plaintiff had submitted himself for examination and had made available to the surgeon the hospital records and X-rays was refused by Sheil J. Held, by the Court of Appeal, (i) that while it was settled practice in such cases that a plaintiff must submit to a medical examination on behalf of the defendant, there was no such practice with regard to making available hospital records and X-rays, and (ii) that as the plaintiff's...
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...having possession of them, but that no order should be made in respect of the hospital notes and other records. Anderson v. IrwinDNI [1966] N.I. 156 applied. ** See addendum at column 744. * And see No. 84. ...