QUEEN'S BENCH DIVISION
TECHNOLOGY AND CONSTRUCTION COURT
Strand, London, WC2A 2LL |
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B e f o r e :
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D MORGAN PLC |
Claimant |
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- and - |
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MACE & JONES (A Firm) [N0: 3] |
Defendant |
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Mr David Hart QC (instructed by Beachcroft LLP) for the Defendant
Hearing dates: 10 January 2011
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Crown Copyright ©
The Honourable Mr Justice Coulson :
(i) This was an exaggerated claim advanced on a fundamentally flawed basis;(ii) The case as to causation was likewise flawed;
(iii) DM's principal witness, Mr Morgan, had given wholly unsatisfactory evidence which, amongst other things, involved a number of deliberate untruths;
(iv) There had been a lack of proper disclosure by DM;
(v) There had been dilatory conduct of the proceedings by DM;
(vi) A Part 36 offer had been made by Mace & Jones in July 2010 in the sum of £1.2 million (plus costs), and that offer had not been responded to, let alone accepted by, DM.