Amendment of Part 35
7
In rule 35.4—
a
For paragraph (3C), substitute—
3C
In a claim for a whiplash injury, whether or not it is part of a claim for other injuries—
a
permission—
i
may normally only be given for one expert medical report in respect of the claim for the whiplash injury; and
ii
may not be given initially unless the medical report is a fixed cost medical report; and
b
where the claimant seeks permission to obtain a further medical report in respect of the claim for the whiplash injury only, the report must be a fixed cost medical report if the report is from a medical expert in any of the following disciplines—
i
Consultant Orthopaedic Surgeon;
ii
Consultant in Accident and Emergency Medicine;
iii
General Practitioner registered with the General Medical Council; or
iv
Physiotherapist registered with the Health and Care Professions Council.
3D
Where, in respect of a claim for a whiplash injury, the claimant lives outside England and Wales, but chooses to be examined in England or Wales, paragraph (3C) applies.
3E
Where the claimant obtains a medical report in respect of a more serious injury suffered on the same occasion as the whiplash injury, the claimant may be given permission to use that report instead of a fixed cost medical report under paragraph (3C) provided that—
a
the report is from a doctor who is listed on the General Medical Council's Specialist Register; and
b
the report provides evidence of the whiplash injury.
3F
Unless paragraph (3D) applies, where, in respect of a claim for a whiplash injury—
a
the claimant lives outside England and Wales;
b
permission is given for a medical report,
the medical report (or, if there is more than one report, the first report) must be obtained from a person who is recognised by the country in which they practise as—
i
being a medical expert; and
ii
having the required medical qualifications for the purposes of diagnosis and prognosis of a whiplash injury.
3G
In this rule—
a
in respect of a soft tissue injury claim, ‘fixed cost medical report’ and ‘soft tissue injury claim’ have the meanings ascribed to them by paragraph 1.1(10A) and (16A), respectively, of the Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents; and
b
in respect of a claim for a whiplash injury, ‘fixed cost medical report’ and ‘whiplash injury’ have the meanings ascribed to them by paragraph 1.2(17) and (38), respectively, of the Pre-Action Protocol for Personal Injury Claims Below the Small Claims Limit in Road Traffic Accidents.
.
Rule 7 in force at 31.5.2021, see rule 1(1)