CXC v David Clarke & Anor

CXC v David Clarke & Anor

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. The application for extension of time for witness evidence is adjourned pending resolution of the vulnerability issue.

Parties
Claimant: CXC (a protected party by her litigation friend BXB); Defendant: David Clarke; Defendant: EUI Limited
Jurisdiction
England and Wales
Judgment Date
12 May 2024
Procedural Posture
Civil / Interlocutory Application Ruling
Outcome
Application for permission to instruct intermediary dismissed; application to extend time for witness evidence adjourned.
Legal Topics
Vulnerable Parties, Intermediaries, Capacity to Litigate, Protective Measures, Directions for Evidence
Civil Procedure Personal Injury Vulnerable Parties Intermediaries Capacity to Litigate Protective Measures Directions for Evidence

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Parties

CXC (a protected party by her litigation friend BXB)

Claimant

David Clarke

Defendant

EUI Limited

Defendant

Procedural Posture

Civil / Interlocutory Application Ruling

Legal Issues

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

Ratio Decidendi

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. The application for extension of time for witness evidence is adjourned pending resolution of the vulnerability issue.

Court Disposition

Application for permission to instruct intermediary dismissed; application to extend time for witness evidence adjourned.

Orders

  • Application for permission to instruct intermediary dismissed.
  • Application to extend time for claimant's witness evidence adjourned to a date to be set on application of the claimant.