Crawley v Seacor Marine (Guernsey) Ltd

Crawley v Seacor Marine (Guernsey) Ltd

The respondent complied with the 'unless' order by filing a schedule of loss and supporting documents; it was not necessary for the court to consider the merits of the claim at this stage, and the order did not require the schedule to demonstrate a reasonable prospect of success.

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 to file a schedule of damages with supporting documents?
  2. 2 Whether the court should strike out a claim for alleged non-compliance with such an order

Ratio Decidendi

The respondent complied with the 'unless' order by filing a schedule of loss and supporting documents; it was not necessary for the court to consider the merits of the claim at this stage, and the order did not require the schedule to demonstrate a reasonable prospect of success.

Court Disposition

Application for permission to appeal refused

Orders

  • Permission to appeal refused