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9.2.11 Section 58 and Reservists


Rarely, the Delegate may become aware that the reservist holds medical documents relevant to the case but refuses to make these available. This may occur where a lawyer acting for the claimant has commissioned a medical report but has subsequently suppressed it because the report does not find what the advocate was expecting. Delegates have the power under S58 to demand such a report and to refuse to deal further with the claim unless it is delivered within 28 days. In practice, S58 is very seldom used, not least because of the difficulty of discovering that the claimant has a relevant document in his/her possession.