Duggan v Wood [2001] EWCA Civ 1942 (22 November 2001)

Duggan v Wood [2001] EWCA Civ 1942 (22 November 2001)

The claim for special damages was struck out because the claimant failed to provide sufficient evidence to justify removal of the stay, and the delay rendered a fair trial impossible. The court balanced the prejudice to both parties and concluded that no further opportunities should be granted.

Citation
[2001] EWCA Civ 1942
Parties
Claimant/appellant: Clive Duggan; Defendant/respondent: Martin Wood
Jurisdiction
England and Wales
Judgment Date
22 November 2001
Procedural Posture
Personal Injury Road Traffic Accident / Appeal From Manchester County Court Orders of 28 November 2000 and 19 February 2001
Outcome
Appeal dismissed
Legal Topics
Relief From Sanctions, Case Management, Striking Out, Delay in Litigation, Fair Trial
Civil Procedure Personal Injury Relief From Sanctions Case Management Striking Out Delay in Litigation Fair Trial

Case Brief

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Parties

Clive Duggan

Claimant/appellant

Martin Wood

Defendant/respondent

Procedural Posture

Personal Injury Road Traffic Accident / Appeal From Manchester County Court Orders of 28 November 2000 and 19 February 2001

Legal Issues

  1. 1 Whether the claim for special damages should be struck out due to delay and failure to provide evidence
  2. 2 Whether relief from sanctions should be granted to permit resurrection of the special damages claim

Ratio Decidendi

The claim for special damages was struck out because the claimant failed to provide sufficient evidence to justify removal of the stay, and the delay rendered a fair trial impossible. The court balanced the prejudice to both parties and concluded that no further opportunities should be granted.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs
  • Claim for special damages struck out