Thursday, May 13, 2010

In personal injury cases,is it a game of ';bluff'; between solicitors/barristers on both sides?uk?

When the solicitors receive the medical reports,do they notify the other sides solicitors or how do they play it.................?


This is for someone in the legal profession.In personal injury cases,is it a game of ';bluff'; between solicitors/barristers on both sides?uk?
These days things are quite heavily controlled by the CPR (Civil Proceedure Rules).


1. Each party must disclose to the other material relevant to the case (a general rules which applies to all civil cases). There are a handful of exceptions, for example legal privilege.


2. Depending on which track the case is assigned to, there are default provisions for disclosure, ordering and exchanging reports and supplementary questions and so on. In simple PI cases there's likely to be pressure to instruct a single joint expert.





There are ';tactics'; to litigation, but by and large they are based on second-guessing the court's decision - who will win on this or that point of law, what the appropriate quantum of damages is and so on. Parties are encouraged to settle early in various ways - a negotiated settlement involves less risk (in terms of costs) than a full trial.In personal injury cases,is it a game of ';bluff'; between solicitors/barristers on both sides?uk?
The Solicitors on both sides get all medical reports. In my husbands case the two barristers met on several occasions to discuss the case.


you'll probably find the barristers know each other and usually they will discuss an offer without going to court. My husbands case dragged on for 7 years he accepted the offer although his barrister wanted to take it into court. we felt that he had been through enough over the 7years thats why he just accepted the offer. According to his solicitor it was up to the other side to decide when the case would be taken to court so we weren't prepared to go through anymore waiting.


Good Luck hope your case is a lot quicker
There is an obligation under the rules of civil procedure in England and Wales (and other common law jurisdictions) for a party to reveal to his opponent documents which are damaging to his own case as well as those which help his case. If a solicitor were discovered to have concealed medical reports which just didn't happen to suit his purpose, there could be very serious consequences for him or her. For this reason, medical reports will be passed on when received to the other side. Most of these cases tend to be settled out of court on the basis of counsel's opinion.

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