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Key Point

The special rules on Soft Tissue Injury Claims do not apply once a subsequent report takes the claim out of being a soft tissue injury claim, irrespective of when the reports were disclosed

Moesaid v Calder

DDJ Kube, Manchester CC, 27th August 2021


The Claimant disclosed a GP report, then started Stage 2 of the MOJ Portal and disclosed both reports with the Stage 2 pack.  Damages were settled without a hearing.  


D argued that para 7.8A of the RTA Portal Protocol required the Claimant to disclose the first report before obtaining the second report.  C argued that the rules only required that the first report be disclosed before the second report is disclosed.  


In any event, C argued that the claim was not a soft tissue injury claim so the special rules in RTA Protocol cases did not apply to this claim.  D argued that the case only ceased to be a soft tissue injury claim on the receipt of the second report, and thus if the second report was inadmissible  because it had not been disclosed in accordance with the rules then the claim remained a soft tissue injury claim. 


The court found that this was a soft tissue injury claim and therefore the special rules in 7.8A did not apply to this claim.  It therefore did not need to go on and decide if the second report had been disclosed in accordance with the rules.


Instructed by Steven Sherlock, Bespoke Costs Ltd

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