[2018] EWHC 3206 (QB)
Mark v Universal Coatings & Services: Court considers effect of failing to serve medical report with particulars of claim in a personal injury case
PD 16 para 4.1 provides that, in relation to personal injury claims, the claimant must attach to his/her particulars of claim a schedule of loss and a medical report (detailing the personal injuries which he/she alleges). One of the issues in this case is that the claimant, who claims to have contracted silicosis as a result of inhaling silica dust during his employment, did not attach the schedule of loss or medical report to his particulars of claim. After his claim was struck out on that basis, he appealed and Spencer J allowed that appeal and reinstated the case.
The judge held that breach of PD 16 para 4 did not require relief against sanction. Although some rules or practice directions do not expressly lay down a sanction for non-compliance, a sanction is nevertheless implied. For example, if a litigant fails to serve and file a notice of appeal in time, without an extension of time, the litigant will be unable to appeal and the judgment in the court below will stand. However, the judge held that the practice direction here did not fall within that category. PD 16 para 4 is really aimed at simple personal injury actions such as a road traffic accident claim. By contrast, in the more complicated personal injury cases, a schedule of loss and medical report served with the particulars of claim will usually be "unhelpful and uninformative". Nor did it make any difference that the practice direction used the word "must": "I would observe that this is a characteristic of the drafting of the CPR and the word "must" is used liberally".
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