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Court of Appeal dismisses appeal of High Court decision directing the defendants, in a claim for damages for personal injuries following the insertion of an allegedly defective artificial hip device, to reply to particulars, and varies the order so as now to require a reply to a single particular in substance.
Practice and procedure – reply to particulars – damages for personal injuries following the insertion of an allegedly defective artificial hip device – Liability for Defective Products Act 1991 – motion seeking to compel replies to the particulars – question as to the state of scientific and technical knowledge at the relevant time, relevant to the alleged defect or, ultimately, any defect found, is a question of fact to be determined by the Court – s. 13(1)(b) of the Civil Liability and Courts Act 2004 – High Court order varied so as now to require a reply to a single particular in substance – appeal dismissed.
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