||All England Reporter
|| All ER (D) 105 (Jan)
|| EWCA Civ 1964
||Court of Appeal, Civil Division
Chadwick and Arden LJJ
||Colin Edelman QC (instructed by Denton Wilde Sapte) for the claimant.
||Jeffrey Terry and David Hoffman (instructed by Davies Wallis Foyster, Manchester) for the first defendant.
||Ronald Walker QC and Richard Ritchie (instructed by DLA) for the second defendant.
||30 December 2002
Practice and procedure - Trial - Directions for trial - Directions that part of trial should go ahead on assumed facts - Consequence of direction that no disclosure of certain facts - Correctness of judge's decision.
Where the effect of a judge's order that a trial proceed on certain assumed facts (with the consequence that disclosure would not occur regarding those facts) was that if the claimants were successful in their reply allegations to the defendants' defences, the non-disclosure defences would have been tried and produced a final result without full disclosure which might have revealed that the defences were stronger than the assumed facts, the judge had reached a decision that was so plainly wrong that the Court of Appeal would interfere.
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