Source: All England Reporter
Publisher Citation: [2002] All ER (D) 454 (Oct)
Court: Court of Appeal, Civil Division
Judge:

Judge and May LJJ

Representation The claimant appeared in person.
  Charles Brown (instructed by Henmans, Oxford) for the defendant.
Judgment Dates: 30 October 2002

Catchwords

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 Case

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.

Practice Areas

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