Leanne Hendry v Alexander Taylor & NIG Insurance -
[2007] CSOH 178
The case of Leanne Hendry v Alexander Taylor & NIG
Insurance was heard in court following Mr Taylor's request
that an order be granted for recovery of Ms Hendry's full hospital
and GP records. Ms Hendry objected to the order on the basis that
her pre-accident records were not relevant to the case.
Ms Hendry had sustained injuries in a car accident and sought
damages for, amongst other things, future wage loss. Mr Taylor's
position was that her claim in respect of future losses could be
limited by a pre-existing condition that might have
restricted her future income even if the accident hadn't taken
place. To seek the pre-accident records in such a case would not be
fishing. Rather, their recovery would be necessary to allow proper
calculation of her future losses.
Ms Hendry argued that the order sought was fishing, and if
granted, would depart from 'normal practice' which was that medical
records are only recoverable from the date of the accident.
The order for recovery of full records was granted. Lord Malcolm
was of the view that there was no good reason why defenders who are
strangers to a claimant should be at a disadvantage to those, such
as employers, who might be aware of the claimant's past medical
history.
Following this decision we will now be able to recover
pre-accident records, even in cases where we are unaware of any
pre-accident medical history.