Lacey v Leonard

Lacey v Leonard

The appeal was allowed because the Master failed to give adequate reasons for rejecting the principal arguments advanced for pre-action disclosure. However, the application for pre-action disclosure was dismissed because the evidence did not establish that disclosure would assist in resolving the dispute without proceedings or save costs, as required by CPR 31.16(3)(d).

Parties
Respondent / Proposed Claimant: Mr Patrick Lacey; Appellant / Proposed Defendant: Mr Niall Leonard
Jurisdiction
England and Wales
Judgment Date
20 December 2018
Procedural Posture
Personal Injury / Pre Action Disclosure Application / Appeal From Master to High Court (queen's Bench Division)
Outcome
Appeal allowed; application for pre-action disclosure dismissed
Legal Topics
Pre Action Disclosure, CPR 31.16, Adequacy of Reasons, Interim Payments, Rehabilitation, Expert Evidence
Civil Procedure Personal Injury Pre Action Disclosure CPR 31.16 Adequacy of Reasons Interim Payments Rehabilitation Expert Evidence

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 4 Authorities cited 6 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Mr Patrick Lacey

Respondent / Proposed Claimant

Mr Niall Leonard

Appellant / Proposed Defendant

Procedural Posture

Personal Injury / Pre Action Disclosure Application / Appeal From Master to High Court (queen's Bench Division)

Legal Issues

  1. 1 Whether the Master gave adequate reasons for refusing pre-action disclosure under CPR 31.16
  2. 2 Whether the application for pre-action disclosure satisfied CPR 31.16(3)(d)

Ratio Decidendi

The appeal was allowed because the Master failed to give adequate reasons for rejecting the principal arguments advanced for pre-action disclosure. However, the application for pre-action disclosure was dismissed because the evidence did not establish that disclosure would assist in resolving the dispute without proceedings or save costs, as required by CPR 31.16(3)(d).

Court Disposition

Appeal allowed; application for pre-action disclosure dismissed

Orders

  • Appeal against Master's refusal allowed
  • Application for pre-action disclosure dismissed