Claims Direct Test Cases [2002] EWCA Civ 333 (4 March 2002)

Claims Direct Test Cases [2002] EWCA Civ 333 (4 March 2002)

A stay of Master Hurst's disclosure and witness statement order is granted on terms that balance the risk of wasted costs and unnecessary disclosure against the need for fair preparation by respondents, with undertakings by claimants to comply promptly after the Court of Appeal's decision and to provide limited information in advance.

Citation
[2002] EWCA Civ 333
Parties
Applicant/claimant: Applicants/Claimants (Claims Direct Test Cases); Respondent: First Respondent; Respondent: Second Respondent; Respondent: Third Respondent
Jurisdiction
England and Wales
Judgment Date
04 March 2002
Procedural Posture
Civil Appeal / Application for Stay Pending Appeal
Outcome
Stay granted on terms
Legal Topics
Stay of Proceedings, Disclosure, Case Management, Insurance Premium Recovery
Civil Procedure Costs Stay of Proceedings Disclosure Case Management Insurance Premium Recovery

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Applicants/Claimants (Claims Direct Test Cases)

Applicant/claimant

First Respondent

Respondent

Second Respondent

Respondent

Third Respondent

Respondent

Procedural Posture

Civil Appeal / Application for Stay Pending Appeal

Legal Issues

  1. 1 Whether to grant a stay of Master Hurst's disclosure and witness statement order pending appeal
  2. 2 Scope and timing of disclosure and witness statements in costs proceedings
  3. 3 Treatment of standard payment as insurance premium for costs recovery

Ratio Decidendi

A stay of Master Hurst's disclosure and witness statement order is granted on terms that balance the risk of wasted costs and unnecessary disclosure against the need for fair preparation by respondents, with undertakings by claimants to comply promptly after the Court of Appeal's decision and to provide limited information in advance.

Court Disposition

Stay granted on terms

Orders

  • Stay of Master Hurst's disclosure and witness statement order until after the Court of Appeal hearing on 18th/19th March or further order.
  • Claimants to comply with disclosure and witness statement order within 48 hours of Court of Appeal's decision, to the extent necessary.