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High Court, in a personal injuries action concerning the exposure of the plaintiff to chemicals in the course of his employment: (a) refuses to strike out the defence for failure to comply with an order of discovery, on the grounds that, although the defendant's discovery was deficient, this did not amount to a wilful or deliberate failure to make discovery; but (b) orders that further or better discovery be made, where the defendants had failed to carry out adequate searches or had failed to seek documents from third parties.
Application to strike out defence for failure to make discovery - personal injuries action - aircraft mechanic - exposure to chemicals and solvents - incident of tying plantiff to stretcher and pouring chemicals over him - order of discovery granted - appeal to Court of Appeal and to Supreme Court - Directive 91/155/EC - whether procurement of documents relating to purchase of chemicals was within the power of the defendants.
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