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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

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