D Morgan Plc v Mace & Jones (a firm) & Anor

D Morgan Plc v Mace & Jones (a firm) & Anor

The claimants have failed to comply with previous court orders and have not provided a satisfactory explanation for their delay. Only an unless order will ensure compliance and protect the defendants from further prejudice. The court grants a final extension until 4 p.m. on 21st April 2010 for service of the forensic accountant’s report and a properly pleaded loss of profit claim, failing which the claim for loss of profit will be struck out.

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 / Interlocutory Application for Unless Order and Extension of Time
Outcome
Unless order granted; extension of time granted with strict deadline
Legal Topics
Unless Orders, Extension of Time, Expert Evidence, Case Management
Civil Procedure Professional Negligence Unless Orders Extension of Time Expert Evidence Case Management

Case Brief

Summary, issues, holding and outcome

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Parties

D. Morgan PLC

Claimant

Mace & Jones (a firm)

1st Defendant

John Hoggett QC

2nd Defendant

Procedural Posture

Civil / 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 claimants have justified their failure to comply with previous court orders
  3. 3 Whether an extension of time for service of the report should be granted

Ratio Decidendi

The claimants have failed to comply with previous court orders and have not provided a satisfactory explanation for their delay. Only an unless order will ensure compliance and protect the defendants from further prejudice. The court grants a final extension until 4 p.m. on 21st April 2010 for service of the forensic accountant’s report and a properly pleaded loss of profit claim, failing which the claim for loss of profit will be struck out.

Court Disposition

Unless order granted; extension of time granted with strict deadline

Orders

  • Unless by 4.00 p.m. on 21st 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.