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Practice Directions |
PRACTICE DIRECTION – 15.6
APPOINTMENT OF MEDICAL INSPECTORS
1. When a court orders that a medical inspector be appointed in accordance with the provisions of Rule 30 of the Matrimonial Cause Rules (p.179), the Registrar will appoint him from a panel of medical inspectors maintained by the Registrar.
2. The following scale of fees shall be payable to medical inspectors on that panel:
For each inspection $ 300.00 For attending court (a) on an undefended case where the inspector gives evidence in only one case on any one day $ 500.00 (b) on an undefended case where the inspector gives evidence in more than one case on any one day $ 300.00 (c) on a defended case $1,000.00
3. The procedure set out below should be followed in connection with nullity suits where there has been an examination and report by an inspector appointed by the court.
4. The solicitor for the party having conduct of the suit at the date of trial and who wishes not to call a medical inspector to give oral evidence must so inform him at least three days before the trial. Failing this the costs of attendance of the medical inspector will have to be paid by that party in any event.
5. In a defended case either party giving notice to the inspector that his attendance to give evidence is not required must also notify the other side. Unless a medical inspector has been told by both parties that he is not required to give evidence he will be entitled to assume that he must be present in court.
6. Fees due to a medical inspector are payable by the party at whose instigation he was appointed. In a defended case, unless both parties give notice that the medical inspector is not required, the liability for fees remains where it originated. Exceptionally, in a case listed as undefended on a respondent's answer, the liability for the inspector's fees for attending the hearing will fall on the respondent who can avoid the liability only by having given the appropriate notice to the medical inspector.
7. The Registrar will inform the medical inspector of the dates fixed for hearing of a nullity suit.