Neutral citation:
n/a
Judge:
Clive Sheldon QC, sitting as a Deputy Judge of the High Court
Counsel:
Luka Krsljanin (instructed by Clyde & Co) for the Applicant
Emma Corkill (instructed by Fladgate) for the Respondents
Date of Judgement:
30 January 2020
Subject:
Civil Procedure
Experts in the case:
n/a
Successful party:
Respondents
Legal cases considered:
Black v Sumitomo Corp [2002] 1 WLR 1562; Braganza v BP Shipping Ltd [2015] UKSC 17
Guidance Referred to:
n/a
Case Summary:
This was an application by a surgeon for pre-action disclosure. Legal proceedings had been brought against the surgeon alleging that he performed negligent surgery when he was working in private practice. The MDU had initially assisted him in the defence of his claim but that assistance was withdrawn as he had not paid the correct subscription. The court refused to order pre-action disclosure. The MDU had acted reasonably in the pre-action stage and there was sufficient information available to enable the surgeon to plead his case.
