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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Hi During a telephone hearing before a master, my Doctor gave

Customer Question

Hi
During a telephone hearing before a master, my Doctor gave me a medical report, by email, indicating a possible relapse of health during the month of Feb this year. The only purpose of the report was to explain to the master a need for extra time to reply to a "part 18 request. The master asked my solicitor to send a copy of the medical report to the defendant solicitor. Since receiving this email the defendant solicitor has referred to it in on-going litigation and sent copies to other solicitors. What can I do regarding this issue which feels like abuse and is causing me stress.

Rgds Joe
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts : Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Alex Watts : What was the outcome of the hearing please?
JACUSTOMER-fmjdgesp- :

Dear Alex

JACUSTOMER-fmjdgesp- :

The master gave us an extended time to reply to the part 18 request the part 18 was returned some days prior the hearing. we were given 2 months to attempt ADR. The parties to notify the master by June 3rd if no settlement is reached, then the parties to liaise and jointly apply for directions.

Alex Watts :

Ok - I do not quite understand the position?

Alex Watts :

Your claim has been stayed - what abuse is there because of that, don't you want a stay?

JACUSTOMER-fmjdgesp- :

In my earlier overview, I informed you that my solicitor during the telephone hearing, gave details to the master of a medical report that I had requested from my Doctor, (a Consultant Psychiatrist).

JACUSTOMER-fmjdgesp- :

The defendants solicitor has since the hearing, and in correspondence used the contents of the Consultants medical report in further communications with me, he has also passed on details from the content of the medical report to third parties. I feel abused by this solicitors action, the purpose of putting forward the medical report was to assist the master in the application for further time. The medical report has no other bearing in the proceedings which of course are on-going. The question is this; Is the defendants solicitor within his rights to quote from my medical report, is their a law debarring him from using my medical report for other reasons that the report was intended?

JACUSTOMER-fmjdgesp- :

Rgds

JACUSTOMER-fmjdgesp- :

your email earlier has no message in it? Rgds

Alex Watts :

When you say D Solicitor has passed on your medical details to third parties, who?