The claimant succeeded in an action for negligence against the respondent solicitors. The court required her to submit to a psychiatric examination to allow assessment of her claim. In default the entire action was to be stayed. She refused, and appealed, saying that her right to a fair trial had been infringed.
Held: The court had no power to order a rehearing of matters rejected at previous hearings. However the claimant had a duty to co-operate, and the stay was correct, but not as to all the heads of damages claimed, and the order was varied accordingly.
Lords Justice Judge and May
England and Wales
Civil Procedure Rules, Human Rights
Updated: 30 May 2022; Ref: scu.178300