James v Baily Gibson and Co (a firm): CA 30 Oct 2002

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


Gazette 28-Nov-2002


Access to Justice Act 1999 54(4), Civil Procedure Rules 52.3.7, European Convention on Human Rights 6(1)


England and Wales

Civil Procedure Rules, Human Rights

Updated: 30 May 2022; Ref: scu.178300