Questioning Experts

Mutch v Allen (CA Unreported 22 January)

The claimant was injured while travelling as a backseat passenger in a car driven by the defendant. The defendant alleged contributory negligence on the ground that the claimant failed to wear the seatbelt provided and wished to submit written questions to the claimant’s medical experts before the hearing as to whether the claimant’s injuries would have differed if he had worn the seatbelt. The judge had refused the order and merely ordered the claimant’s medical experts to give evidence at the trial and be available for cross-examination. The Court of Appeal, in reversing the judge’s order, said that he had overlooked the essential reform sought to be achieved by the CPR Part 35 and that the effect on the claimant’s injuries of not wearing a seatbelt was fundamental to the case.