Discovery of pre and post-accident medical records is relevant and necessary for fair disposal of case

Discovery – personal injuries - road traffic accident - liability admitted - assessment of damages only – discovery sought of two broad categories - plaintiff’s medical records for an eight year period prior to the accident - plaintiff’s medical records for a three-month period post-accident - plaintiff has a very complex medical history – procedural history – medical examination and report – argued that proper evidential basis required in order to order post-incident discovery - an individual who pursues a claim for personal injuries waives the right of privacy which he would otherwise enjoy in relation to his medical condition - facts of the present case are such that more extensive discovery is justified than would be the position in many personal injuries proceedings – it is the court, not an expert witness, that decides whether documentation is relevant and necessary for the purposes of discovery - discovery of medical records for a three month period post-accident is relevant and necessary for the fair disposal of the case - necessity of making discovery of post-accident medical reports might, perhaps, have been avoided had the plaintiff made a fuller response to the request for further and better particulars – Court satisfied that pre-accident medical reports should be provided for an eight year period, and not merely for five years as contended for by the plaintiff.