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Court of Appeal, in clinical negligence proceedings, grants and reformulates 17 interrogatories, on the grounds that the trial judge was led into error by refusing certain interrogatories seeking admissions, on the basis that they were admitted in the defence, where in fact they had not been admitted, and so the decision to refuse them on that basis was in error.
Appeal of order giving liberty to plaintiff to deliver 8 interrogatories - and refusing 21 others - clinical negligence case - alleged negligence treatment at defendant hospital - whilst under care 1st defendant consultant surgeon - plaintiff 14 and had appendicitis - after delivery defence, notice to admit facts served - these later formed the interrogatories - no disagreement as to legal principles in relation to interrogatories - McGregor v HSE main case - which established medical records don't have to be admitted into evidence without formal proof - this would reduce bulk of interrogatories - High Court followed McGregor and delivered 8 / refused 21 - Court of Appeal reviewed all of the refused interrogatories - Court of Appeal granted 17 previously refused interrogatories and reformulated them - court noted that it is not general function of court to redraft interrogatories - approach adopted as trial judge adopted this approach and it would ultimately save court time or a further motion by doing so - court notes it is allowed to interfere where error is demonstrated or injustice arises - court satisfied trial judge was led in error.
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