Personal Injuries Assessment Board Act 2003

Failure to comply with a request under section 23 or 24.

25

25.—(1) If a claimant fails to comply with—

( a) a request under section 23(1) , the assessors shall proceed to make the assessment as best they may in the absence of the information or document to which the request related,

( b) a request under section 23(3) , the assessors shall proceed to make the assessment as best they may in the absence of the information or document to which the request related having been furnished to the retained experts or, as the case may be, the assistance or co-operation to which the request related having been afforded to those experts,

( c) a request under section 24(1)(a) , the assessors shall, unless they see good reason for not doing so, make the assessment on the basis that the contention of the respondent concerning the information or document referred to in section 24(1) and which gave rise to the making of the request was correct,

( d) a request under section 24(1)(b) , the assessors shall proceed to make the assessment as best they may in the absence of the information that would have been provided to them had the medical examination to which the request related been carried out.

(2) If a respondent fails to comply with a request under section 23 (2) or (3), the assessors shall proceed to make the assessment as best they may in the absence of the information or document to which the request related having been furnished to them or the retained experts or, as the case may be, in the absence of the assistance or co-operation to which the request related, having been afforded to those experts.