Hardwick v McSwiney (No 2)

In the matter of Hardwick v McSwiney, the plaintiff sought an interim payment of damages from the defendant in a medical negligence case. The application was made under section 82(3)(c) of the Civil Procedure Act 2005, and the parties appeared before the court. The primary legal issue before the court was whether the plaintiff would obtain a judgment for substantial damages if the proceedings went to trial. The defendant argued that an adjournment was necessary to obtain expert evidence on the issue of liability, which had not yet been obtained.

The court considered the plaintiff's application for expedition and an interim payment of damages. It was noted that the court must be satisfied that the plaintiff would obtain judgment for substantial damages if the proceedings went to trial. The court acknowledged that the defendant's expert evidence on liability was necessary to determine whether this requirement was met. The court granted the defendant's application for an adjournment, allowing the defendant to obtain the necessary expert evidence.

No further orders were made by the court at this stage of the proceedings. The adjournment granted to the defendant provided an opportunity to obtain the expert evidence on liability, which was necessary to determine whether the plaintiff would obtain judgment for substantial damages if the proceedings went to trial.