(b) hospital report means a statement in writing concerning a patient made by or on behalf of a hospital which the party serving the statement intends to adduce in evidence in chief at the hearing,
(c) medical report means a statement in writing concerning a patient made by or on behalf of a registered medical practitioner which the party serving the statement intends to adduce in evidence in chief at the hearing.
4.1 Unless the Commission otherwise orders, in proceedings to which this Practice Note applies, each party in the proceedings must, at least 21 days before the date set down for hearing, serve experts’ reports, medical reports and hospital reports on each other party who has an address for service in the proceedings.
4.2 An application to the Commission for an order under clause 4.1 (other than an order solely for abridgment or extension of time) may be made without serving notice of the motion.
4.3 In proceedings to which this Rule applies, except with the leave of the Commission or by consent of the parties:
5. Expert’s report admissible at hearing
5.1 Where an expert’s report is served in accordance with this Practice Note or an order is made under clause 4.1, the report is admissible as evidence of the expert’s opinion and, where the expert’s direct oral evidence of a fact upon which the opinion was formed would be admissible, as evidence of that fact, without further evidence, oral or otherwise.
5.2 A party may, unless the Commission otherwise orders, not later than 7 days before the date set down for hearing, require the attendance for cross-examination of the expert.
5.3 The parties may not by consent abridge the time fixed by or under clause 5.2
5.4 A requirement under clause 5.2 must be made to the party who served the report.
5.5 Where the attendance of an expert is required under clause 5.2, the expert’s report must not be tendered under section 63 or section 64 or section 69 of the Evidence Act 1995 or otherwise used unless the person attends or is dead or the Commission grants leave to use it.
5.6 Where an expert attends pursuant to a requirement under clause 5.2, the party using the report may re-examine that expert.
6. Notice under section 67 or section 99 of the Evidence Act 1995
6.1 Notice for the purposes of section 67 or section 99 of the Evidence Act 1995 must, unless the Commission otherwise orders, be given:
(b) in any other case—not later than 21 days before the date on which the Commission determines the date of hearing