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Paul Kilcoyne together with Theo Huckle QC were instructed in this matter by Sue Bowler of Coffin Mew Solicitors.
Mrs Justice Andrews refused to grant the MOD an extension of time to comply with an Unless Order and accordingly entered judgement on behalf the Claimant against the MOD.
Mr Eaglesham is a former Royal Marine commando who developed Q Fever whilst serving in Afghanistan in 2010. It was not identified or treated with doxycycline (an anti-biotic) and as a result he has developed Chronic Q Fever Syndrome. He has been discharged from the Navy and suffers from a disabling fatigue syndrome. The Claim proceeds to an assessment of damages hearing in the High Court.
Mrs Justice Andrews ruled that although the application to extend was “ in time” and therefore technically this was not an application for relief from sanctions it was appropriate to apply the Denton principles.
The full judgment can be found here.