Litigation Personal Injury 15/7/97

Siddle v Redfern – CA 2 July 1997

Incident: Road traffic accident

Appeal issue: Damages – strike out

Appeal contentions: Defend-ant's appeal from an order of Judge Taylor, Durham County Court, 20 September 1996, dismissing the appellant's application to strike out the plaintiff's claim for damages for personal injury in a road traffic accident. The appellant contends that the judge was wrong in deciding that he had discretion to allow a claim to proceed where there were special circumstances for doing so. Contends that the discretion to allow action to proceed where special circum- stances can be shown to exist is confined to instance of issue estoppel