The claimant applied for judicial review of a coroner’s decision not to leave the issue of causation to the jury at the inquest into the death of his brother (B).

Summary – Spencer J held that the requirement to serve a medical report and schedule of loss with the particulars of claim under CPR PD 16 paragraph 4.3, in personal injury claims did not contain an implied sanction for non-compliance

The legal test in considering a breach of s41 remains to be found in James v Preseli Pembrokeshire DC [1993] PIQR P114 and Jones v Rhondda Cynon Taff CBC [2008] EWCA Civ 1497.