D Morgan Plc v Mace & Jones (a firm) & Anor [2010] EWHC 697 (TCC) (23 March 2010)

D Morgan Plc v Mace & Jones (a firm) & Anor [2010] EWHC 697 (TCC) (23 March 2010)

Given the claimants' repeated failures to comply with court orders and lack of adequate explanation for delay, only an unless order will ensure compliance and protect the defendants. The court grants an unless order requiring service of the forensic accountant's report and a properly pleaded loss of profit claim by 4 p.m. on 21 April 2010, failing which the claim for loss of profit will be struck out.

Citation
[2010] EWHC 697 (TCC)
Parties
Claimant: D. Morgan PLC; 1st Defendant: Mace & Jones (a firm); 2nd Defendant: John Hoggett QC
Jurisdiction
England and Wales
Judgment Date
23 March 2010
Procedural Posture
Civil Professional Negligence / Interlocutory Application for Unless Order and Extension of Time
Outcome
Unless order granted; extension of time partially granted.
Legal Topics
Unless Orders, Extension of Time, Expert Evidence, Case Management, Loss of Profit Claims
Civil Procedure Professional Negligence Unless Orders Extension of Time Expert Evidence Case Management Loss of Profit Claims

Case Brief

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Parties

D. Morgan PLC

Claimant

Mace & Jones (a firm)

1st Defendant

John Hoggett QC

2nd Defendant

Procedural Posture

Civil Professional Negligence / Interlocutory Application for Unless Order and Extension of Time

Legal Issues

  1. 1 Whether an unless order should be made for service of a forensic accountant's report
  2. 2 Whether the claimant should be granted an extension of time to serve the report

Ratio Decidendi

Given the claimants' repeated failures to comply with court orders and lack of adequate explanation for delay, only an unless order will ensure compliance and protect the defendants. The court grants an unless order requiring service of the forensic accountant's report and a properly pleaded loss of profit claim by 4 p.m. on 21 April 2010, failing which the claim for loss of profit will be struck out.

Court Disposition

Unless order granted; extension of time partially granted.

Orders

  • Unless by 4.00 p.m. on 21 April 2010 the forensic accountant's report is served, the claim for loss of profit in Part 3 of the Schedule is struck out.
  • By the same date, a fully pleaded claim for loss of profit must also be served.