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

Jameson v Lovis and Morris

31 July 2001
The issues

Civil Procedure Rules – Case Management Decisions – Renewed Applications

The facts

The claimant claimed damages for personal injuries following RTA. The Quantum only was in issue. At a CMC in May 2000 the District Judge made certain orders and in particular ordered the appointment of a single joint Neuropsychologist. He refused the application by the claimant for permission to call an expert in Neuropsychiatric Rehabilitation and appointed a joint care expert. The claimant appealed to the High Court Judge who dismissed the appeal. In March 2001 the CMC was reconvened when the District Judge heard applications from the claimant for the appointment of his own Neuropsychologist expert and an expert in Neuropsychiatric Rehabilitation and his own expert in care. These applications were refused on the grounds that the High Court Judge had dealt with these matters in the appeal. The District Judge had found that there was no change in circumstance what justified going behind the decision. The claimant appealed.

The decision

Litigants should not be allowed to air arguments over and over again because this would undermine the aim of the Civil Procedure Rules.

The Civil Procedure Rules were flexible and the flexibility allowed for a review of the interlocutory decision where there had been a change in circumstances.

There had been no such change here.

The applications were in an attempt to circumvent the appeals process. The appeal was misconceived.

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).


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.


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.


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.


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