Sayers & Ors v Smithkline Beecham Plc & Ors [2006] EWHC 84 (QB) (31 January 2006)

Sayers & Ors v Smithkline Beecham Plc & Ors [2006] EWHC 84 (QB) (31 January 2006)

The court ordered that particulars of claim and supporting medical reports must be served by the end of June, subject to an 'unless' order striking out non-compliant claims, as urgency and clarity are required in the litigation. Applications to withdraw notices of discontinuance are adjourned to the next case management conference due to conflicts of interest and unresolved public funding.

Citation
[2006] EWHC 84 (QB)
Parties
Claimant: Paul Sayers and others; Defendant: Smithkline Beecham Plc; Defendant: Smith Kline & French Laboratories Ltd.; Defendant: Merck & Co. Inc.; Defendant: Sanofi Pasteur MSD Ltd.
Jurisdiction
England and Wales
Judgment Date
31 January 2006
Procedural Posture
Group Litigation (product Liability) / Case Management Conference; Directions and Applications
Outcome
Case management directions given; applications to withdraw discontinuance adjourned; 'unless' order made for particulars of claim; certain claims discontinued or settled; costs orders made.
Legal Topics
Case Management, Discontinuance of Claims, Public Funding, Group Litigation Orders, Medical Causation
Civil Procedure Product Liability Case Management Discontinuance of Claims Public Funding Group Litigation Orders Medical Causation

Case Brief

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Parties

Paul Sayers and others

Claimant

Smithkline Beecham Plc

Defendant

Smith Kline & French Laboratories Ltd.

Defendant

Merck & Co. Inc.

Defendant

Sanofi Pasteur MSD Ltd.

Defendant

Procedural Posture

Group Litigation (product Liability) / Case Management Conference; Directions and Applications

Legal Issues

  1. 1 Whether claimants may withdraw notices of discontinuance and resurrect claims
  2. 2 Appropriate case management directions for remaining claimants
  3. 3 Whether an 'unless' order should be made for non-compliance with directions

Ratio Decidendi

The court ordered that particulars of claim and supporting medical reports must be served by the end of June, subject to an 'unless' order striking out non-compliant claims, as urgency and clarity are required in the litigation. Applications to withdraw notices of discontinuance are adjourned to the next case management conference due to conflicts of interest and unresolved public funding.

Court Disposition

Case management directions given; applications to withdraw discontinuance adjourned; 'unless' order made for particulars of claim; certain claims discontinued or settled; costs orders made.

Orders

  • Applications to withdraw notices of discontinuance adjourned to next case management conference (24-25 July)
  • Claimants to serve particulars of claim and medical reports by end of June, subject to 'unless' order