Order for a Deposition

Barratt v Shaw and Ashton (CA CLW 23 March)

The claimant sought damages from his former solicitors and barrister on the basis that they had negligently failed to plead a claim for loss of earnings in his claim for personal injuries. In the present proceedings he applied under CPR rule 34 for a deposition to be taken from the barrister who had represented him at the personal injuries trial, but who had not settled the statement of claim. He argued he should know what the barrister would say as this would shed light on the strength of his case against the defendants and thereby further the overriding objective of the CPR.