Phillips v Taunton & Somerset Health Trust

(1997) 8 Med LR 348

COURT OF APPEAL

Lord Justice LEGGATT, Lord Justice MORRITT, and Lord Justice BROOKE

Practice and procedure — Particulars of claim — Deferment — County Court Rules Order 6 — Plaintiff in medical negligence action given leave to issue proceedings without particulars of claim, medical report or schedule of special damages — Whether order permitting service of particulars of claim to be deferred should not have been made without affidavit setting out reasons why deferment was necessary — Whether extension of time generally should have been granted — Whether County Court Rules gave court power to extend time for service of particulars of claim without affidavit