Sayers & Ors v Smithkline Beecham Plc & Ors

Sayers & Ors v Smithkline Beecham Plc & Ors

An 'unless' order requiring particulars of claim and medical reports by end of June is appropriate to inject urgency and prevent indefinite delay, despite claimants' funding and procedural challenges.

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 / Case Management Conference
Outcome
Case management directions issued; applications to withdraw notices of discontinuance adjourned; orders for discontinuance and settlement of certain claims made; costs orders issued.
Legal Topics
Case Management, Discontinuance, Public Funding, Group Litigation Orders
Civil Procedure Product Liability Case Management Discontinuance Public Funding Group Litigation Orders

Case Brief

Summary, issues, holding and outcome

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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 / Case Management Conference

Legal Issues

  1. 1 Permission to withdraw notices of discontinuance
  2. 2 Validity of notice of discontinuance
  3. 3 Case management directions for remaining claimants

Ratio Decidendi

An 'unless' order requiring particulars of claim and medical reports by end of June is appropriate to inject urgency and prevent indefinite delay, despite claimants' funding and procedural challenges.

Court Disposition

Case management directions issued; applications to withdraw notices of discontinuance adjourned; orders for discontinuance and settlement of certain claims made; costs orders issued.

Orders

  • Applications to withdraw notices of discontinuance adjourned to next case management conference.
  • Claimants ordered to file particulars of claim and medical reports by end of June, subject to 'unless' order.