The first appeal concerning the operation of the portal scheme appears to have been heard in Liverpool country court in the case of Gregory v Lamb. The issue considered was whether it was possible for the Claimant to submit additional evidence (witness statement) at stage 2. Whilst the district judge felt compelled to strike out the claim, HHJ Gore disagreed and appears to have taken a more liberal approach in his interpretation of the practice direction in allowing at stage 3 evidence submitted at stage 2.
Such a decision has a bearing on the wider issues we are have raised about the importance of clear checks and balances before an extension of the portal is considered further. The case (if reported) is likely to add to the controversy.