Symes v St Georges Healthcare NHS Trust

Practice – Pre-trial or post-judgment relief. A master ordered that judgment having been entered in default against the defendant, the matters pleaded in the particulars of claim were to stand as conclusive on the issues of breach of duty and causation there pleaded and it was therefore not open to the defendant to take issue with causation since that was a matter which, as far as he was concerned, was no longer in issue after the entering of the default judgment. The Queen's Bench Division allowed the defendant's appeal and ordered that the defendant was not precluded from advancing the causation arguments set out in the defendant's counter-schedule.

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