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Leanne Hendry v. Alexander Taylor & Sons & NIG Insurance Limited [2007] CSOH 178


Personal Injury - Specification of Documents & Diligence:- In this action the pursuer sought damages following a car accident in which she blamed the defenders' employee. Liability was admitted and the only remaining issue was the quantification of damages. The defenders lodged a specification of documents and applied for a commission and diligence. Two of the three calls were opposed. The basis of the objection was that the calls were not limited to medical records dating from the accident but they also related to the pre accident medical records. On behalf of the pursuer it was submitted that this amounted to a fishing exercise and the specification should be refused. On behalf of the defender it was submitted that it was necessary to establish whether the pursuer was suffering from a pre existing medical condition at the time of the accident as any such pre-existing condition would be material to the proper quantification of her future loss claim. Here the court considered whether to grant the commission and diligence in terms of the calls in the specification.