Refusal to order expertise not immediately appealable

ATA/321/1996Court of Justice / Administrative ChamberMay 29, 1996Dismissed

Extracted by Omnilex

Omnilex summary

An insured person sought review of an insurer's refusal to order an expertise. The court held that an order appointing an expert, or the refusal to appoint one, does not in itself cause irreparable harm. As a result, the incidental decision was not subject to immediate appeal under the cited procedural provisions.

Omnilex headnote

Art. 57 lit. c LPA; Art. 45 PA: an incidental decision concerning an expertise, including the refusal to order one, is immediately appealable only if it is capable of causing irreparable harm. The mere denial or ordering of an expert opinion does not, as such, satisfy this requirement; absent a specific and concrete irreparable prejudice, the appeal is inadmissible.

Full text

Descripteurs

ASSURANCE SOCIALE; ACCIDENT; AA; EXPERTISE; DECISION INCIDENTE; DOMMAGE IRREPARABLE; ASSU

Normes

LPA.57 litt.c

Résumé

Une ordonnance d'expertise ou le refus d'ordonner une expertise, de la part d'une assurance, n'entraîne en tant que tel aucun préjudice irréparable et n'est dès lors pas susceptible de recours (art. 57 let. c LPA et 45 PA).

Keywords

social insuranceaccident insuranceexpert opinionincidental decisionirreparable harmadmissibilityappeal

Extracted by Omnilex

Key legal questions extracted by Omnilex

Key legal question

Whether an insurer's order to appoint an expert, or refusal to do so, causes irreparable harm and is therefore appealable immediately.

Extracted holding

Such an order does not, by itself, cause irreparable harm and is not immediately appealable.

Extracted reasoning

Under the applicable procedural rules, an incidental decision is only appealable if it is capable of causing irreparable harm. A mere order for expertise, or a refusal to order expertise, does not meet that threshold.

Refusal to order expertise not immediately appealableAI generated