Judges beware
Elliott, T
Judges beware - 2001 - Building 266(8185) 18 May 2001, 58-59(2) .
Questions the use of case management as demonstrated in "The Royal Brompton Hospital National Service Trust v Hammond and Others" (2001), where the judge's decision to strike out claims, made in accordance with the Woolf reforms, was overruled by the CA. The judge doubted the substance of some of Brompton's allegations and using the powers of the Civil Procedure Rules struck most of the claims out. However, the CA claimed that the balance of probabilities test adopted by the judge was not sufficient proof to strike out claims, and decided that the issues should be determined at a full trial. Copy of judgement available on http://porch.ccta.gov.uk/courtser/judgements.nsf/Search/D61D800F52CC36BD80256A3300340860?OpenDocument
WOOLF REFORMS
CASE MANAGEMENT
ROYAL BROMPTON HOSPITAL NHS TRUST V HAMMOND AND OTHERS
STRIKING OUT
CLAIMS
CIVIL PROCEDURE RULES
CIVIL PROCEDURE RULES
Judges beware - 2001 - Building 266(8185) 18 May 2001, 58-59(2) .
Questions the use of case management as demonstrated in "The Royal Brompton Hospital National Service Trust v Hammond and Others" (2001), where the judge's decision to strike out claims, made in accordance with the Woolf reforms, was overruled by the CA. The judge doubted the substance of some of Brompton's allegations and using the powers of the Civil Procedure Rules struck most of the claims out. However, the CA claimed that the balance of probabilities test adopted by the judge was not sufficient proof to strike out claims, and decided that the issues should be determined at a full trial. Copy of judgement available on http://porch.ccta.gov.uk/courtser/judgements.nsf/Search/D61D800F52CC36BD80256A3300340860?OpenDocument
WOOLF REFORMS
CASE MANAGEMENT
ROYAL BROMPTON HOSPITAL NHS TRUST V HAMMOND AND OTHERS
STRIKING OUT
CLAIMS
CIVIL PROCEDURE RULES
CIVIL PROCEDURE RULES