Wright v Sullivan

Wright v Sullivan

The court held that the clinical case manager’s duty is to the claimant alone, not to both parties, and that the court should not impose conditions on the interim award requiring joint instruction or disclosure of privileged communications. The manager is a witness of fact, not an expert, and the relevant procedural rules for expert evidence do not apply.

Parties
Claimant/respondent: Rebecca Wright by her litigation friend Karen Fay; Defendant/appellant: Kevin Sullivan
Jurisdiction
England and Wales
Judgment Date
27 May 2005
Procedural Posture
Personal Injury Civil Appeal / Appeal From High Court (queen’s Bench Division) to Court of Appeal
Outcome
Defendant’s appeal dismissed; claimant’s cross-appeal allowed.
Legal Topics
Interim Damages, Case Management, Role of Clinical Case Manager, Litigation Privilege, Expert Vs. Factual Witness
Personal Injury Civil Procedure Interim Damages Case Management Role of Clinical Case Manager Litigation Privilege Expert Vs. Factual Witness

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 4 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Rebecca Wright by her litigation friend Karen Fay

Claimant/respondent

Kevin Sullivan

Defendant/appellant

Procedural Posture

Personal Injury Civil Appeal / Appeal From High Court (queen’s Bench Division) to Court of Appeal

Legal Issues

  1. 1 Whether the court should impose conditions on an interim damages award requiring joint instruction of a clinical case manager
  2. 2 Whether a clinical case manager should be treated as an expert witness or a witness of fact

Ratio Decidendi

The court held that the clinical case manager’s duty is to the claimant alone, not to both parties, and that the court should not impose conditions on the interim award requiring joint instruction or disclosure of privileged communications. The manager is a witness of fact, not an expert, and the relevant procedural rules for expert evidence do not apply.

Court Disposition

Defendant’s appeal dismissed; claimant’s cross-appeal allowed.

Orders

  • Defendant’s appeal dismissed with costs.
  • Cross-appeal allowed with costs; paragraph 6 deleted from the judge’s order.