Bergan v Evans (St Christopher and Nevis): PC 1 Jul 2019

(Court of Appeal of the Eastern Caribbean Supreme Court (St Christopher and Nevis) The Board considered the procedure for the deployment of medical expert evidence in personal injury litigation in St Kitts and Nevis. Specifically, the issue is whether the special provisions about the attaching of medical reports to a statement of claim for personal injuries in the Civil Procedure Rules 2000 (‘the CPR’), and the special provision for admissibility in evidence of written medical reports in section 163 of the Evidence Act 2011, displace what, read on its own, appears to be a general rule, applicable to all expert evidence, that it may not be deployed without the court’s permission, in rule 32.6 of the CPR.

Judges:

Lord Carnwath, Lord Hodge, Lady Black, Lord Briggs, Lord Kitchin

Citations:

[2019] UKPC 33

Links:

Bailii

Jurisdiction:

Commonwealth

Litigation Practice

Updated: 10 July 2022; Ref: scu.639107