23.1   Application and definitions

(cf SCR Part 25, rule 1; DCR Part 23, rule 1; LCR Part 20, rule 1)

(1)  This Division applies to proceedings in which:

(a)  a person’s physical or mental condition is relevant to a matter in question, and

(b)  either:

(i)  that person is a party, or

(ii)  that person is a person for whose benefit a party is claiming relief under the Compensation to Relatives Act 1897.

(2)  In this Division:

first party means the party referred to in subrule (1) (b).

medical examination includes any examination by a medical expert but does not include tests referred to in Division 2.

medical expert includes dentist, medical practitioner, occupational therapist, optometrist, physiotherapist and psychologist.

notice for medical examination means a notice referred to in rule 23.2 (1).

person concerned means the person referred to in subrule (1) (a) (whether or not the first party) whose physical or mental condition is relevant to a matter in question.