Richard Grimshaw appeared for the Claimant/Respondent in an appeal concerning the refusal by a district judge to grant relief from sanctions to the Defendant/Appellant in a moderately high value and complex clinical negligence case. The Defendant applied for an extension of time to serve a witness statement from a clinician after the deadline for exchanging such evidence had passed. At first instance, the District Judge refused to grant the Defendant relief due to a number of reasons, including their lack of effort to secure evidence from the witness in a timely manner. The Defendant appealed that decision on the basis that it was wrong and deprived them of an important witness at trial. On appeal in the Birmingham District Registry, the Judge upheld the District Judge’s decision, finding that it was not wrong.
This case reinforces the point that it is important to comply with orders and deadlines imposed by the Court and, if there is fear that a deadline cannot be met, an ‘in time’ application should be made for permission to extend the deadline as soon as possible.
Richard was instructed by Irwin Mitchell Solicitors.
Richard Grimshaw undertakes a broad spectrum of clinical negligence and inquest work acting on behalf of both claimants and defendants. Richard has experience of trials (both on his own and as led junior counsel), interlocutory and approval hearings in clinical negligence matters, as well as inquests (including Article 2 inquests and inquests held with a jury). He is ranked by Chambers UK Bar 2020 and Legal 500 2020 (Tier 1) for his clinical negligence work.
