CXC v Clarke & Anor [2024] EWHC 3138 (KB) (05 December 2024)

Permission to instruct an intermediary is not required under the Civil Procedure Rules; the application is premature as the claimant's relevant vulnerability has not been established. The application for permission is dismissed.

Source-derived case information.

Citation: [2024] EWHC 3138 (KB)
Parties: Claimant: CXC (a protected party by her litigation friend BXB); Defendant: David Clarke; Defendant: EUI Limited
Jurisdiction: England and Wales
Judgment Date: 05 December 2024
Procedural Posture: Civil / Interlocutory Applications
Outcome: Application for permission to instruct intermediary dismissed; application for extension of time adjourned.
Legal Topics: Vulnerable Parties, Intermediaries, Capacity, Protective Measures, Costs

Civil Procedure Personal Injury Vulnerable Parties Intermediaries Capacity Protective Measures Costs

Source-derived case record

Summary, issues, holding and outcome

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Full judgment text Downloadable case file Legal principles 4 Authorities cited 6 Party arguments 2

Parties

CXC (a protected party by her litigation friend BXB)

Claimant

David Clarke

Defendant

EUI Limited

Defendant

Procedural Posture

Civil / Interlocutory Applications

Legal Issues

1 Whether permission is required to instruct an intermediary in civil proceedings
2 Whether the claimant has a relevant vulnerability requiring protective measures
3 Who should bear the costs of instructing an intermediary

Ratio Decidendi

Court Disposition

Application for permission to instruct intermediary dismissed; application for extension of time adjourned.

Orders

Application for permission to instruct intermediary dismissed.
Application for extension of time to serve witness evidence adjourned to a date to be set on application of the claimant.

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