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High Court refuses to order production of medical reports obtained by the plaintiff in 2015, in a claim against the manufacturer of a drug (Thalidomide) which was alleged to have caused birth defects to the plaintiff in 1961, on the grounds that the defendants were already aware that the reports concluded that the drug had caused the birth defects, and they would not be given any 'litigious advantage' in relation to the claim that the receipt of the reports amounted to the plaintiff's 'date of knowledge' for the purposes of the limitation period.
Medical - birth defects - consumption by mother of Thalidomide drug during pregnancy - claim against manufacturer - birth of plaintiff in 1961 - eighteen years old in 1992 - summons issued in 2017 - 2015 conclusion that defects had been caused by Thalidomide - 'date of knowledge' - request by defendant for medical reports referred to in notice for particulars - notice to produce - Order 31 r. 15, r 18 - whether disclosure would give 'litigious advantage' to party seeking inspection - whether disclosure would give a litigious advantage to the defendant in relation to the issue of the date of knowledge
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