McDowell v Strannix
| Jurisdiction | Northern Ireland |
| Judgment Date | 01 January 1951 |
| Date | 01 January 1951 |
| Court | King's Bench Division (Northern Ireland) |
(K.B.D., N.I.),
McDowell
and
Strannix
Refusal of plaintiff to submit to examination except on terms - Stay of proceedings.
In an action for damages for personal injuries the plaintiff refused to submit to examination by the defendants' medical adviser except on terms that the medical adviser's evidence at the trial would be confined to the question of damages and that no evidence of any statement made by the plaintiff to him relating to the issue of liability would be given. The defendants refused to agree to these terms and moved to stay the proceedings until the plaintiff should submit to a medical examination without imposing any such terms. Held, that since the proper function of a medical witness is to give expert evidence as to damages...
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6 cases
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Norman Richard Haywood v Hugh Ritchie, Kevin Ritchie, Colin Ritchie and Hal Ritchie t/a as H Ritchie and Sons
... ... [34] McDowell v Strannix 1951 NIR 57 is a long standing authority in this jurisdiction relating to the medical examination of a plaintiff by a doctor instructed on ... ...
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J.S. v C.S. (Orse. C.T.)
...of the parties, so that the court could benefit from such professional assessment before determining the issues. McDowell v. StrannixDNI [1951] N.I. 57 considered. Anderson v. IrwinDNI [1966] N.I. 156 distinguished. 5. That the court would not lightly order an examination which was unpleasa......
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McGrory v ESB
...disclose his medical records to the defendant or to permit the defendant to interview his treating doctors. Citations: MCDOWELL V STRANNIX 1951 NI 57 ROSS V TOWER UPHOLSTERY LTD 1962 NI 3 JUDICATURE (IRL) ACT 1877 S27 EDMEADES V THAMES BOARD 1969 2 QB 68 DUNNE V BRITISH COAL CORPORATIOJN ......
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S(J) v S(C)
...1870 S7 MATRIMONIAL CAUSES & MARRIAGE LAW (IRL) AMDT ACT 1870 S13 D (C) V D (E) UNREP 1971 ANDERSON V IRWIN 1966 NI 156 MCDOWELL V STRANNIX 1951 NI 57 KENNEDY V IRELAND 1987 IR 587 MCGEE V AG 1974 IR 284 ASPINALL V STERLING MANSELL 1981 3 AER 866 PRESCOTT V BULLDOG TOOLS 1981 3 AER 869 ESTI......
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