Clarke v Poole and others

Subject Matter

DAMAGES — Personal injuries — Medical examination of plaintiff — Claimant sustaining catastrophic injuries in road traffic accident rendering her unable to work and in need of significant care — Defendants disputing extent of future loss on basis of claimant’s possible genetic disorder — Defendants applying to stay claim until claimant’s submission to medical examination — Whether stay just and proportionate

[2024] EWHC 1509 (KB); [2024] 1 WLR 5149; [2024] WLR(D) 291, KBD

DAMAGES — Personal injuries — Medical examination of plaintiff

[2024] EWHC 1509 (KB); [2024] 1 WLR 5149; [2024] WLR(D) 291, KBD

DAMAGES — Personal injuries — Medical testing of claimant — Defendants disputing extent of claimant’s future loss on basis of claimant’s possible genetic disorder — Claimant refusing defendants’ requests that she undergo medical testing — Whether court to stay claim until claimant submitting to such testing — Proper approach to granting such stay

[2024] EWHC 1509 (KB); [2024] 1 WLR 5149; [2024] WLR(D) 291, KBD

Commentary

12 King's Bench Walk
Clarke v Poole: To reopen or not to reopen Case comment