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- Hospital notes: there may be a range of notes available: casualty record cards, admitting doctor's notes, ward doctor's notes, nursing notes, operating notes, x-rays scans and reports, laboratory reports and results and correspondence. All must be obtained.

- Treating doctor's notes: The Claimant may have been treated at a pain clinic, by a physiotherapist, a chiropractor, an osteopath or by a clinical psychologist. These notes may provide corroboration for or contradiction of the Claimant's complaints.

- Employer's medical notes: many employers, particularly the larger ones, have a works medical department. These notes and the Claimant's personnel file should be obtained.

- Department of Social Security records: if the Claimant has applied for benefits as a result of any disability, it is likely that the DSS will have obtained medical reports about the Claimant's health. These reports and the application forms filled in by the Claimant which contain questions and answers about his disabilities may be relevant. A copy of a DSS form of examination for back pain is at Appendix 3.

- Medical reports from previous accident claims: if the Claimant has suffered a previous whiplash injury and made a claim it will be necessary to compare the prognosis given in that claim with the pre-accident state described in the subsequent claim.

7 Ownership of records

7.1 The medical records are not owned by the Claimant. NHS records belong to the Secretary of State. Private hospitals will own some of the notes and the treating doctors will own their notes. The GP’s records are owned by the GP or the area health authority: see R. v. Mid Glamorgan FHSA¹.

7.2 Confidentiality of records The Claimant's medical records are confidential to the Claimant and may not be disclosed to anyone else without the Claimant's consent or a court order: see Dunn v British Coal Corp.² This applies equally to the Claimant's medical records held by his employer's doctor, particularly when