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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.

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