||All England Reporter
|| All ER (D) 454 (Oct)
||Court of Appeal, Civil Division
Judge and May LJJ
||The claimant appeared in person.
||Charles Brown (instructed by Henmans, Oxford) for the defendant.
||30 October 2002
Practice and procedure - Stay of proceedings - Breach of court order - Claimant having viable argument irrespective of non-compliance with order - Correctness of order staying proceedings.
The Court of Appeal held that a claimant, who had refused to comply with orders of the court to attend an appointment with a psychiatric expert, but who could establish a viable lost chance and could recover something irrespective of what the psychiatric evidence might reveal, was entitled to a variation of an order staying the proceedings as it was disproportionate in that it denied her the opportunity to do proceed on issues not affected by the psychiatric evidence.
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