BUSINESS AND PROPERTY COURTS
BUSINESS LIST (CH)
7 Rolls Buildings Fetter Lane London EC4A 1NL |
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B e f o r e :
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BARCLAYS BANK PLC |
Claimant/Respondent | |
- and - |
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(1) SCOTT DYLAN GARETH MICHAEL DYLAN (2) SALLY ANN GLOVER (3) DAVID SAMUEL ANTROBUS |
Defendants | |
And between: |
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BARCLAYS BANK PLC |
Claimant/ Respondent | |
- and - |
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(1) OLD3 LIMITED (IN ADMINSTRATION) (Previously FRESH THINKING GROUP LTD) (2) JACK MASON (3) OLD3 LIMITED (IN ADMINISTRATION) (Previously INC TRAVEL GROUP LTD) |
Defendants |
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MS. GURPRIT MATTU (instructed by Direct Access) appeared on behalf of the Defendants
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Crown Copyright ©
MASTER McQUAIL:
"(i) capacity to conduct proceedings, (ii) mental health conditions (if any), (iii) prognosis for any such conditions, and (iv) ability to attend trial and be cross-examined on his evidence at the Adjourned Trial".
"Such evidence should identify the medical attendant and give details of his familiarity with the party's medical condition (detailing all recent consultations), should identify with particularity what the patient's medical condition is and the features of that condition which (in the medical attendant's opinion) prevent participation in the trial process, should provide a reasoned prognosis and should give the court some confidence that what is being expressed is an independent opinion after a proper examination. It is being tendered as expert evidence. The court can then consider what weight to attach to that opinion, and what arrangements might be made (short of an adjournment) to accommodate a party's difficulties."
"You are now deemed for discharge. Your recovery period will be 12 weeks from discharge. It is advised that you avoid heavy lifting, stairs, or any strenuous or stressful work for six to eight weeks. If you become unwell, your pain deteriorates or you develop fevers, please seek medical attention." (Quote not checked. Document not provided)
"The patient is experiencing lack of sleep, lack of appetite and confusion. He is also experiencing pain. His ability to walk is limited. I have been informed that the patient is involved in civil litigation proceedings. It is my opinion that he will not be well enough to engage in the proceedings. It is important for him to recover fully before he is involved in any stressful situations. This is to certify that Jack Mason is unfit for work for six weeks. He will be unable to engage in any stressful activities until he has recovered. He should attend to be reassessed again in six weeks."
2022, save in the case of one employee who had contact with Scott Dylan from as early as 1st November 2020.
at an earlier stage, and could have been avoided if the defendants had accepted a pragmatic offer to proceed, essentially as I will now order.