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PI Brief Update

Courts Take Robust Approach Post Mitchell - Dr Maggie Bloom, Hardwicke

11/03/14. Another Mitchell decision has been handed down with a robust sanction – this time in a personal injury case. The case, heard in the Central London County Court, was Claim No. 2YL20478 Rahala Khalida (formerly Manna) (Personal Representative of Abdul Manna deceased) v (1) John Legg (2) Royal & Sun Alliance plc, heard by HHJ Lochrane.

This was a personal injury claim in which liability had been admitted and there was a trial on quantum set down for 27 January 2014. By a case management order dated 27h May 2013, the defendants were to serve a counter schedule on 23 October 2013. In its Pre-Trial Checklist dated 30 October 2013, the defendants stated they would serve their Counter Schedule by 13 November 2013. It was not served. The claimant agreed to an extension of time to 14 December 2013, as a conference had been arranged with the client on 16 December 2013. The claimant’s solicitors wrote to the defendants several times stating that they would not accept service without an application for relief from sanctions after 14 December 2013. The counter schedule was served on 2 January and the claimant’s solicitors wrote...

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The opinions expressed in the articles are the authors' own, not those of Law Brief Publishing Ltd, and are not necessarily commensurate with general legal or medico-legal expert consensus of opinion and/or literature. Any medical content is not exhaustive but at a level for the non-medical reader to understand. 

Professional advice should always be obtained before applying any information to particular circumstances.

Excerpts from judgments and statutes are Crown copyright. Any Crown Copyright material is reproduced with the permission of the Controller of OPSI and the Queen’s Printer for Scotland under the Open Government Licence.