Crawley v Seacor Marine (Guernsey) Ltd [2008] EWCA Civ 492 (24 April 2008)

Crawley v Seacor Marine (Guernsey) Ltd [2008] EWCA Civ 492 (24 April 2008)

Compliance with an 'unless' order requiring a schedule of damages and supporting documents is satisfied by serving a schedule and documents that set out the case the claimant intends to pursue, regardless of whether the case is plausible or likely to succeed; the merits of the claim are not to be considered at this stage.

Citation
[2008] EWCA Civ 492
Parties
Respondent/claimant: Crawley; Appellant/defendant: Seacor Marine (Guernsey) Limited
Jurisdiction
England and Wales
Judgment Date
24 April 2008
Procedural Posture
Civil Appeal / Renewed Application for Permission to Appeal (second Appeal)
Outcome
Application for permission to appeal refused
Legal Topics
Unless Orders, Striking Out Claims, Compliance With Court Orders, Summary Judgment
Civil Procedure Unless Orders Striking Out Claims Compliance With Court Orders Summary Judgment

Case Brief

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Parties

Crawley

Respondent/claimant

Seacor Marine (Guernsey) Limited

Appellant/defendant

Procedural Posture

Civil Appeal / Renewed Application for Permission to Appeal (second Appeal)

Legal Issues

  1. 1 What is required to comply with an 'unless' order for provision of a schedule of damages and supporting documents?
  2. 2 Whether the claim should be struck out for alleged non-compliance with such an order.

Ratio Decidendi

Compliance with an 'unless' order requiring a schedule of damages and supporting documents is satisfied by serving a schedule and documents that set out the case the claimant intends to pursue, regardless of whether the case is plausible or likely to succeed; the merits of the claim are not to be considered at this stage.

Court Disposition

Application for permission to appeal refused

Orders

  • Permission to appeal refused