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The Court of Appeal has refused the defendant implant manufacturer's application for a stay on the High Court's order, which directed the defendant to deliver its defence within six weeks or face judgment in default. The Court of Appeal found that the defendant had repeatedly delayed providing a defence, despite having ample opportunity and having received the necessary discovery from the plaintiff. The court emphasised the need for the case to proceed to trial without further delay, highlighting that the defendant's appeal was weak and the risk of injustice from further delay was significant, particularly to the plaintiff.
Court of Appeal, stay application, judgment in default, defence delivery, Civil Liability and Courts Act 2004, Liability for Defective Products Act 1991, case management, interlocutory appeal, res ipsa loquitur (the thing speaks for itself), tactical litigation, procedural delay, medical device, breast implant rupture, personal injury claim, discovery obligations, pleading requirements, tactical appeal, risk of injustice.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
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