Failure to Make Disclosure

Coleman v Dunlop Ltd (No 2) (CA CLW 21 January)

The claimant brought a claim against his employer alleging that his system of work had caused a repetitive strain injury to his right hand. At the trial the claim was dismissed but the claimant appealed and a new trial was ordered. In the course of preparations for the retrial and during the retrial itself, it became clear that substantial relevant documentation, favourable to the claimant, had not been disclosed by the defendant. During the retrial, the defendant stated that the relevant production records had been destroyed by fire, but admitted that they had been available at the disclosure stage when they were not disclosed. The Court of Appeal upheld the striking out of the defence on the ground that as a result of the defendant’s failure to comply with its obligation to provide full disclosure a fair trial had not been possible. Judgment should be entered for the claimant for damages to be assessed, but in the assessment the claimant would have to establish that his injury had been caused by his employment and not by other factors.