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Court of Appeal dismisses appeal from High Court, and affirms decision refusing to compel the plaintiff to disclose reports from experts in proceedings arising from the alleged negligence screening of cervical smear tests, on the grounds that: (a) a claim by the defendant that it did not know the case it had to meet could have been remedied by an application to compel further and better replies to particulars; and (b) the disclosure of an expert report by the plaintiff prior to the instruction of an expert by the defendant could create an illegitimate litigious advantage.
Noonan J (nem diss): Medical negligence - personal injuries - disclosure - the appeal was concerned with the proper implementation of the disclosure regime introduced in personal injuries litigation by S.I. 391 of 1998 - cervical check - the plaintiff alleges that her sample as part of the was negligently analysed and reported as normal, when it was, in fact, abnormal - summons issued in 2018 - one report available - cervical smear test - standard particulars of negligence - defence in 2021 without having received expert report - application for trial date - no schedule of reports - application for order compelling plaintiff to exchange all reports in schedule - 'Harrington' undertaking - undertaking not to disclose reports to experts - exchange of reports on a 'like for like' basis - proper approach to disclosure.
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