Hankin v Barrington & Ors [2020] EWHC 1131 (QB) (07 May 2020)

Hankin v Barrington & Ors [2020] EWHC 1131 (QB) (07 May 2020)

The Master had jurisdiction and discretion to order specific disclosure even though the application and evidence lacked precision, as the documents were identified with sufficient particularity during oral argument and the overriding objective justified proceeding. There was no error of principle or serious irregularity, and the decision was within the range of reasonable case management decisions. The issue was not of sufficient significance to justify the costs of an appeal.

Citation
[2020] EWHC 1131 (QB)
Parties
Claimant: Matthew Hankin; First Defendant: Richard Barrington; Second Defendant: Dr Ademola Adejuwon; Third Defendant: Saracens Limited
Jurisdiction
England and Wales
Judgment Date
07 May 2020
Procedural Posture
Application for Permission to Appeal (case Management Decision) / Oral Renewal of Application for Permission to Appeal Against Order for Specific Disclosure
Outcome
Permission to appeal refused
Legal Topics
Specific Disclosure, Case Management, Appeals, Disclosure Obligations
Civil Procedure Personal Injury Specific Disclosure Case Management Appeals Disclosure Obligations

Case Brief

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Parties

Matthew Hankin

Claimant

Richard Barrington

First Defendant

Dr Ademola Adejuwon

Second Defendant

Saracens Limited

Third Defendant

Procedural Posture

Application for Permission to Appeal (case Management Decision) / Oral Renewal of Application for Permission to Appeal Against Order for Specific Disclosure

Legal Issues

  1. 1 Whether the Master erred in granting specific disclosure when the application and evidence lacked specificity and precision
  2. 2 Whether the court can depart from the mandatory requirements of CPR 31.12 and PD31A in ordering specific disclosure
  3. 3 Whether the order for specific disclosure was a case management decision and if permission to appeal should be granted

Ratio Decidendi

The Master had jurisdiction and discretion to order specific disclosure even though the application and evidence lacked precision, as the documents were identified with sufficient particularity during oral argument and the overriding objective justified proceeding. There was no error of principle or serious irregularity, and the decision was within the range of reasonable case management decisions. The issue was not of sufficient significance to justify the costs of an appeal.

Court Disposition

Permission to appeal refused

Orders

  • Oral renewal of application for permission to appeal is refused