Stratton v Brown [2002] EWCA Civ 1811 (28 November 2002)

Stratton v Brown [2002] EWCA Civ 1811 (28 November 2002)

The application for further disclosure is refused because the evidence sought could have been obtained before trial with reasonable diligence, and it is not in the interests of justice to allow the defendant a further opportunity to investigate after judgment. The anonymous letter does not justify reopening disclosure, especially given the thoroughness of prior investigations.

Citation
[2002] EWCA Civ 1811
Parties
Claimant/respondent: Kate Louise Stratton (by her Father and Next Friend John Stratton); Defendant/applicant: Cliff Brown
Jurisdiction
England and Wales
Judgment Date
28 November 2002
Procedural Posture
Personal Injury Appeal / Application for Disclosure of Further Medical Records Prior to Appeal Hearing
Outcome
Application refused
Legal Topics
Disclosure of Evidence, Fresh Evidence on Appeal, Medical Records, Finality of Litigation
Civil Procedure Personal Injury Disclosure of Evidence Fresh Evidence on Appeal Medical Records Finality of Litigation

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Parties

Kate Louise Stratton (by her Father and Next Friend John Stratton)

Claimant/respondent

Cliff Brown

Defendant/applicant

Procedural Posture

Personal Injury Appeal / Application for Disclosure of Further Medical Records Prior to Appeal Hearing

Legal Issues

  1. 1 Whether the defendant should be permitted to obtain further medical records after trial based on an anonymous letter
  2. 2 Whether the requirements for admitting fresh evidence on appeal are satisfied

Ratio Decidendi

The application for further disclosure is refused because the evidence sought could have been obtained before trial with reasonable diligence, and it is not in the interests of justice to allow the defendant a further opportunity to investigate after judgment. The anonymous letter does not justify reopening disclosure, especially given the thoroughness of prior investigations.

Court Disposition

Application refused

Orders

  • Application for disclosure of further medical records refused
  • Respondent to pay claimant's costs of the application, subject to detailed assessment