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England and Wales Court of Appeal (Civil Division) Decisions
You are here: BAILII >> Databases >> England and Wales Court of Appeal (Civil Division) Decisions >> Khudados v Hayden & Ors  EWCA Civ 466 (03 April 2007)
Cite as:  EWCA Civ 466
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COURT OF APPEAL (CIVIL DIVISION)
ON APPEAL FROM THE HIGH COURT OF JUSTICE
QUEEN'S BENCH DIVISION
(MR JUSTICE BURTON)
Strand, London, WC2A 2LL
B e f o r e :
LORD JUSTICE SEDLEY
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HAYDEN & ORS
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THE RESPONDENT DID NOT APPEAR AND WAS NOT REPRESENTED.
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Lord Justice Ward:
"This lady attended the surgery today [that is, 24 February] having had a flare up in her symptoms of abdominal pain for the past two weeks and having been up in the night with vomiting and nausea."
"There is no doubt that the claimant suffers from a recurring abdominal problem. But there is a clear question over what its impact is."
"I am very unimpressed indeed at the state of the medical evidence before me. In the absence of mention of any problem before Eady J but exacerbated by the brevity of Dr Sampson's letter and the absence of exposition as to what happened after November and December 2004."
"Intend to deprive me of my right to choose my own position and to subject me to the further oppressive humiliating and unreasonable treatment by forcing me to undergo a medical examination."
That, the judge felt, rendered the adoption of the Andreou route impossible or at best problematic.
Lord Justice Sedley:
Order: Application adjourned.