Jurisdiction(s):
United Kingdom

Court of Appeal (England and Wales) upholds dismissal for failure to serve psychiatric expert report; extension treated as CPR 3.9 relief for implied sanction (Elliott v Stobart Group)

Published on: 22 May 2015

Published by a LexisNexis Dispute Resolution expert

Legal News

Article summary

Practical implications arising from this judgment

Practical implications arising from this judgment include:

When your opponent is a litigant in person, adopt an even more hands-on approach than in matters where both sides are represented, anticipating and dealing with knock-on issues. For example, when an extension to a revised timetable was requested, the respondent’s solicitors asked whether it was sought for all outstanding directions, including disclosure and inspection.
Where the opposing party is unrepresented, and especially if there are potential mental health concerns, help the court to identify ways for the party to avoid having to participate in court hearings without being debarred. See below (under ‘The appeal—background facts’) for how the court shaped its order to accommodate any difficulties the litigant might face in complying.
Mental health considerations should be factored in to ensure the administration of justice is not undermined; this underpinned the lower court judge’s decision to grant the litigant extra leeway and to craft the order in the manner he did.

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