The claimant sought leave to appeal against the refusal of an award of special damages. The claim had mounted spectacularly, but he had failed to provide evidence as directed to support the claim.
Held: Even at the time of the application, the claimant had still not complied with the order, but denied it: ‘the Judge was perfectly entitled to regard the breach of the unless order as of sufficient seriousness to warrant the imposition of the sanction of dismissal. He did not proceed immediately to take that view. He correctly looked at the further attempt made to cure the defect, but he was satisfied it was insufficient. He gave the plaintiff every opportunity to seek the further indulgence of the court by seeking an extension of time, but, as he pointed out, there was no summons issued by the plaintiffs in which they sought such an extension of time. There was no affidavit to explain their failures, even though they were clearly capable of filing affidavits.’
Citations:
[1997] EWCA Civ 2184
Jurisdiction:
England and Wales
Citing:
Cited – Hytec Information Systems Limited v Council of City of Coventry CA 4-Dec-1996
The Court directed that unless particulars were served by a specified date the defendant’s claim should be struck out. The defendant served some particulars but it was decided that the defendant had deliberately flouted the unless order and its . .
Lists of cited by and citing cases may be incomplete.
Personal Injury, Damages
Updated: 09 November 2022; Ref: scu.142581
