Publisher Citation: [2002] All ER (D) 118 (Oct)
Court: Chancery Division

Patten J

Representation The claimant appeared in person.
  Adrian Jenkala (instructed by Fulchers, Farnborough) for the defendants.
  Clare Price (instructed by Henmans, Oxford) for the Pt 20 defendant.
Judgment Dates: 9 October 2002


Disclosure - Court proceedings - Disclosure to other parties - Claimant's case struck out for failure to comply with order for disclosure - Whether court in error.

The Case

On the facts of the instant case, the court had been entitled to take the view that the proper determination of whether the alleged gift had taken place required an examination of all the relevant evidence. Accordingly, it had been entitled to strike out the claimant's claim when he failed to comply with an order for disclosure.

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