Section 44 — Senior Courts Act 2016: High Court may require person to undergo medical examination

44 High Court may require person to undergo medical examination (1) The High Court may order a party to a civil proceeding to undergo a medical examination by a registered medical practitioner at a time and place specified in the order if the court is satisfied, in the interests of justice, that the physical or mental condition of the person is relevant to a matter in the proceeding. (2) The person to be examined may have a registered medical practitioner of the person’s own choice present at the examination. (3) The court may order a party seeking the order to pay to the person to be examined a reasonable sum to meet— (a) the person’s travelling and other expenses in connection with the examination; and (b) the expenses of having a registered medical practitioner chosen by the person attend the examination. (4) The person to be examined must do the things reasonably requested and answer the reasonable questions asked by the medical practitioner who conducts the examination. (5) If the person to be examined fails, without reasonable excuse, to comply with the order or wilfully obstructs the medical examination, the High Court may— (a) stay the proceeding; or (b) strike out a notice, statement, or other document filed, or a step taken, in the proceeding by the person to be examined. Compare: 1908 No 89 s 100