Young v Greaves [2019] JRC 234 (05 December 2019)

Young v Greaves [2019] JRC 234 (05 December 2019)

The plaintiff is permitted to adduce expert psychological evidence, but must pay the costs of the directions hearing on an indemnity basis and the wasted costs of additional discovery on the standard basis, as the psychological injury claim should have been raised earlier and the delay was unjustified.

Citation
[2019] JRC 234
Parties
Plaintiff: Plaintiff; Defendant: Defendant
Jurisdiction
Jersey
Judgment Date
05 December 2019
Procedural Posture
Personal Injury / Interlocutory Directions Hearing
Outcome
Application granted with costs orders against the plaintiff.
Legal Topics
Expert Evidence, Amendment of Pleadings, Costs Orders, Case Management
Civil Procedure Personal Injury Expert Evidence Amendment of Pleadings Costs Orders Case Management

Case Brief

Summary, issues, holding and outcome

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Parties

Plaintiff

Plaintiff

Defendant

Defendant

Procedural Posture

Personal Injury / Interlocutory Directions Hearing

Legal Issues

  1. 1 Whether the plaintiff should be permitted to adduce expert psychological evidence at this stage
  2. 2 Whether the late introduction of a psychological injury claim justifies a costs order against the plaintiff

Ratio Decidendi

The plaintiff is permitted to adduce expert psychological evidence, but must pay the costs of the directions hearing on an indemnity basis and the wasted costs of additional discovery on the standard basis, as the psychological injury claim should have been raised earlier and the delay was unjustified.

Court Disposition

Application granted with costs orders against the plaintiff.

Orders

  • Plaintiff permitted to adduce expert psychological evidence.
  • Plaintiff to pay costs of the directions hearing on an indemnity basis.