WXY v Gewanter & Ors [2012] EWHC 501 (QB) (13 July 2011)

WXY v Gewanter & Ors [2012] EWHC 501 (QB) (13 July 2011)

The trial against the third defendant should proceed and not be adjourned, as a fair trial is possible without the first defendant's participation. Evidence from witnesses on unpleaded issues is inadmissible; only evidence relevant to pleaded issues and the public domain question is admitted.

Citation
[2012] EWHC 501
Parties
Claimant: WXY; First Defendant: Mr Henry Gewanter; Second Defendant: Positive Profile Ltd; Third Defendant: Mr Mark Burby
Jurisdiction
England and Wales
Judgment Date
13 July 2011
Procedural Posture
Civil (queen's Bench Division) / Interlocutory Judgment on Adjournment and Evidentiary Applications Prior to Trial
Outcome
Application for adjournment by the third defendant refused; trial against the third defendant to proceed. Application to admit certain evidence refused except as specified.
Legal Topics
Adjournment of Trial, Breach of Confidence, Privacy, Harassment, Admissibility of Evidence, Injunctions
Civil Procedure Privacy Law Media Law Adjournment of Trial Breach of Confidence Privacy Harassment Admissibility of Evidence +1 more

Case Brief

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Parties

WXY

Claimant

Mr Henry Gewanter

First Defendant

Positive Profile Ltd

Second Defendant

Mr Mark Burby

Third Defendant

Procedural Posture

Civil (queen's Bench Division) / Interlocutory Judgment on Adjournment and Evidentiary Applications Prior to Trial

Legal Issues

  1. 1 Whether the trial against the third defendant should be adjourned due to the illness of the first defendant
  2. 2 Whether evidence from certain witnesses should be admitted in the trial against the third defendant
  3. 3 Whether a fair trial can proceed against the third defendant alone

Ratio Decidendi

The trial against the third defendant should proceed and not be adjourned, as a fair trial is possible without the first defendant's participation. Evidence from witnesses on unpleaded issues is inadmissible; only evidence relevant to pleaded issues and the public domain question is admitted.

Court Disposition

Application for adjournment by the third defendant refused; trial against the third defendant to proceed. Application to admit certain evidence refused except as specified.

Orders

  • Trial against the third defendant to proceed as scheduled
  • Evidence of Mrs A admitted only as to the public domain issue and her relationship with the claimant