HHJ Gosnell, Bradford CC, 20th Jan 2020

 

HHJ Gosnell held that a Claimant in a soft tissue injury claim could not rely on subsequent reports where the first report had not been disclosed before the subsequent reports.  Damages were assessed based on the first report only. 

 

He noted that PD8B stipulated that parties could only rely on evidence in Stage 3 where this had been sent under the relevant protocol and as this had not been sent in accordance with the protocol rules, it could not be relied upon.  He also found that there was no provision in the Portal Protocol to allow any application for Relief from Sanctions, complying with the usual finding that the Portal is an entirely stand-alone code.

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