High Court, in personal injuries proceedings relating to a trip and fall accident, and upon an application by the defendant County Council the day before the trial is due to begin, grants a stay on the plaintiff's personal injury proceedings pending the plaintiff's submission to medical examination by a second orthopaedic surgeon retained by the defendant, where in all of the circumstances, it was in the interests of justice to grant a stay.
Defendant seeking stay on plaintiff's personal injury proceedings - pending plaintiff’s submission to medical examination by a second orthopaedic surgeon retained by the defendant - plaintiff argues no stay - on basis he had already been submitted to an examination by defendant's first orthopaedic surgeon - plaintiff computer technician who fell and was injured - defendant admits liability - avulsion fracture of the tip of the lateral malleolus of his left ankle - bilateral multiple pulmonary emboli - whether plaintiff developed chronic regional pain syndrome - if so, whether it was caused by the fall - stay would cause little if any additional burden on plaintiff - whether expert shopping - court finds defendant has genuine difficulty arising from its experts’ contrasting views - defendant has to decide whether to dispute the CRPS - or the orthopaedic situation despite having discrete expert opinions entitling it to dispute both - court ultimately grants a stays proceedings pending further orthopaedic examination - it was not unreasonable or unfair to ask plaintiff to submit to an examination.