A personal injury claim alleging injury from use of vibrating equipment is not necessarily frivolous, vexatious or an abuse of process merely because the plaintiff has failed to disclose non-medical expert evidence, where lay evidence and medical expert evidence remain available to support the pleadings. Case management orders requiring disclosure of non-medical expert evidence do not preclude the adducing of lay evidence or medical expert evidence at trial.
The full text is available to signed-in members, including the 7 later cases that cite this judgment.
5 of the 7 citing cases carry a classified treatment. How each court treated it is available to signed-in members.