MacLennan v Morgan Sindall (Infrastructure) Plc

MacLennan v Morgan Sindall (Infrastructure) Plc

Case management directions are necessary to ensure fair and efficient trial; Claimant is permitted to call a limited number of witnesses, with procedural safeguards for identification and disclosure, balancing efficiency and fairness.

Parties
Claimant: Donald MacLennan; Defendant: Morgan Sindall (Infrastructure) PLC
Jurisdiction
England and Wales
Judgment Date
17 December 2013
Procedural Posture
Personal Injury / Pre Trial Case Management Ruling
Outcome
Application granted in part; case management directions issued limiting number of witnesses and setting procedural steps.
Legal Topics
Case Management, Witness Evidence, Quantum of Damages
Civil Procedure Personal Injury Case Management Witness Evidence Quantum of Damages

Case Brief

Summary, issues, holding and outcome

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Parties

Donald MacLennan

Claimant

Morgan Sindall (Infrastructure) PLC

Defendant

Procedural Posture

Personal Injury / Pre Trial Case Management Ruling

Legal Issues

  1. 1 Whether the number of witnesses the Claimant may call at trial should be limited under CPR 32.2(3)
  2. 2 Whether the Claimant should provide particulars and supporting documents for earnings comparators
  3. 3 Whether late application to limit witnesses is justified

Ratio Decidendi

Case management directions are necessary to ensure fair and efficient trial; Claimant is permitted to call a limited number of witnesses, with procedural safeguards for identification and disclosure, balancing efficiency and fairness.

Court Disposition

Application granted in part; case management directions issued limiting number of witnesses and setting procedural steps.

Orders

  • Claimant may call 14 witnesses on comparative earnings.
  • Claimant to request earnings details and supporting documents from these witnesses.