0370 270 6000

already registered?

Please sign in with your existing account details.

need to register?

Register to access exclusive content, sign up to receive our updates and personalise your experience on brownejacobson.com.

Privacy statement - Terms and conditions

Stockman v Payne

6 July 2000
The issues

Striking out – failure to comply with Order for disclosure – appropriate sanction.

The facts

The Claimant sued the Defendant following the accident in 1995 to include claim for loss of earnings. 2 years after commencement of proceedings and Order was made requiring the Claimant to serve an updated Schedule and a further List of Documents. The Claimant failed to comply. The Defendant applied for the claim to be struck out. A document was subsequently served which conformed to a Schedule of Loss nor an expert’s report and also proffered 2 further witness statements contrary to a suggestion in letters that they would not seek to adduce further evidence.

The decision

The Application to strike out was refused. It would not further the overriding objection of the litigation. The correct approach was to limit the Claimant to the existing Schedule of Loss and the evidence filed in support of it. Permission was refused for further evidence to be adduced. Any such Application would need to be made to the Trial Judge

focus on...

Legal updates

Contingent loss in negligence claims

Contingent loss is relevant to limitation; specifically, the date at which a claimant’s cause of action accrues for the purposes of a claim in the tort of negligence (as many claims against professional advisers are framed).

View

Legal updates

Legal and regulatory monthly update - September 2019

The latest update covering delegated authority, insurance product development, the senior insurance managers regime, data protection, operational control frameworks, Lloyds market, and horizon scanning.

View

Legal updates

Kuoni referred to the CJEU by Supreme Court for clarification - possible impact on breach of contract, vicarious liability and assumption of responsibility claims for sexual abuse and assault

We were hoping to be able to give you some interesting insights following the judgment of X v Kuoni Travel Ltd but that will have to wait for another day.

View

Legal updates

The disappearance of LIBOR

Companies should undertake a comprehensive review and audit to identify those products and legacy contracts that are LIBOR-linked and carry out an in-depth risk assessment of discontinuation. Where possible, companies should look at appointing an individual to oversee the programme.

View

The content on this page is provided for the purposes of general interest and information. It contains only brief summaries of aspects of the subject matter and does not provide comprehensive statements of the law. It does not constitute legal advice and does not provide a substitute for it.

mailing list sign up



Select which mailings you would like to receive from us.

Sign up