13th March 2018
Paul McGrath acted for the successful Appellant in an appeal before Mr Justice Foskett. The Master had refused the Defendant a retrospective extension of time to file and serve his orthopaedic evidence.
Mr Justice Foskett accepted that CPR 3.9 was not directly engaged but was engaged as a result of the ‘implied sanction’, referring to (Regina (Hysaj). The Judge also accepted that the Master had conflated the stages in the Denton analysis and had failed to appropriately take all of the circumstances of the case into account. The claim was put at a high value and the Defendant ought to be entitled to rely on medical evidence, despite its late filing / service. The Court in particular noted that the trial was some way off.