Civil Law (Wrongs) Act 2002
64Claimant to give documents etc to respondent
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64 Claimant to give documents etc to respondent (1) A claimant must give a respondent— (a) copies of the following in the claimant’s possession: (i) reports and other documents about the accident claimed to have given rise to the personal injury to which the claim relates; (ii) reports or surveillance film about the claimant’s medical (iii) reports or surveillance film about the claimant’s cognitive, functional or vocational capacity; and (b) information reasonably requested by the respondent about any of the following: (i) the accident; (ii) the nature of the personal injury and of any consequent disabilities; (iii) if applicable, the medical treatment and rehabilitation services the claimant has sought or obtained; (iv) the claimant’s medical history, as far as it is relevant to the claim, and any other claims for damages for personal injury made by the claimant;
(v) the claimant’s claim for past and future economic loss; (vi) any claim known to the claimant for gratuitous services consequent on the claimant’s personal injury. Note Damages may not be awarded in a motor accident claim for gratuitous care (see Motor Accident Injuries Act 2019, s 249). (2) The claimant must give the copies mentioned in subsection (1) (a)— prescribed, within 1 month after the day the claimant gives notice of the claim under part 5.2, or purportedly under part 5.2); and subsection (1) (a) comes into the claimant’s possession later, within 7 days after the day it comes into the claimant’s (3) The claimant must respond to a request under subsection (1) (b) within the period prescribed by regulation (or, if no period is prescribed, within 1 month after the day the request is received). (4) If a respondent requires information given by a claimant under this section to be verified, the claimant must give the respondent a (5) If a claimant fails, without proper reason, to comply fully with this section, the claimant is liable for costs to the respondent resulting from the failure.