Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Record definition

What does Record mean? In practice, a record is the written account of a case kept on the court file, comprising the parties’ pleadings and the orders and documents filed during the proceedings. In Scottish civil litigation, Record (capitalised) has a specific procedural meaning. Prescribed by the Rules of the Court of Session and the Ordinary Cause Rules, it is the consolidated pleading setting out the pursuer’s averments and pleas‑in‑law, the defender’s answers and pleas, and the parties’ adjustments. It is issued as the open record during the adjustment period and, once adjustment ends, is lodged as the closed record. The closed record fixes the...

Access to and disclosure of medical records in clinical negligence claims: UK GDPR, Pre-Action Protocol, CPR, privilege and sanctions (England and Wales)

Published by a LexisNexis PI & Clinical Negligence expert

Practice notes

The right to obtain disclosure

Disclosure refers to the stage in which each party makes available documents within their control that are relevant to the matters in dispute. Its central aim is to advance the overriding objective by putting litigants on an equal footing. The notion of ‘documents’ is not confined to paper files; it covers any means of recording information, including electronic databases, microfilm used for archiving, and video or audio tapes and discs. In clinical negligence claims, the claimant’s medical records are usually the most significant documents. They represent the most contemporaneous account of the care provided and will, in almost every case, underpin the expert evidence that shapes the result of the litigation. Prompt, impartial examination of the medical records can avoid unnecessary delay and cost, and is essential from the outset to evaluate the merits, identify strengths, and pinpoint any weaknesses in any proposed claim...

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Andrew Ritchie , KC

9 Gough Chambers

Described as approachable, dependable, a classy team player, hard on the issues and hard working, Andrew has enormous experience in fatal accident claims, occupational health litigation, especially mesothelioma claims, employers liability litigation generally (for example Corr v IBC, the suicide case, HL) and road traffic and insurance law (for instance Rafiq v MIB, CA).Andrew writes 9 chapters of the leading Personal Injury text Kemp & Kemp on Quantum including the fatal accidents chapter.Many of Andrew's reported cases concern catastrophic injury claims involving brain damage, spinal injury and PTSD (he represented many victims of the Paddington rail disaster). Andrew's Clinical Negligence practice covers in particular Hypoxia at birth, Urology, Cardiology and neurosurgery.Andrew also represents medical professionals before regulatory and disciplinary tribunals and also has considerable experience in professional negligence work arising from personal injury litigation....

Web page updated on 21/05/2026

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