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 can proceed fairly in the absence of the first defendant, as the principal allegations are against the third defendant and his evidence is available. The risk of prejudice or inconsistent findings does not outweigh the interest of justice in proceeding. Only evidence relevant to pleaded issues is admissible; evidence on unpleaded issues is excluded.

Citation
[2012] EWHC 501 (QB)
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 / Interlocutory Judgment on Adjournment and Evidentiary Applications Prior to Trial
Outcome
Application to adjourn the trial against the third defendant refused; trial to proceed against the third defendant. Application to admit certain evidence refused except as specified.
Legal Topics
Adjournment of Trial, Breach of Confidence, Privacy, Harassment, Injunctive Relief, Admissibility of Evidence
Civil Procedure Privacy Law Tort Law Adjournment of Trial Breach of Confidence Privacy Harassment Injunctive Relief +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 / 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 the trial against the third defendant alone can proceed fairly
  3. 3 Admissibility of certain witness evidence in the trial against the third defendant

Ratio Decidendi

The trial against the third defendant can proceed fairly in the absence of the first defendant, as the principal allegations are against the third defendant and his evidence is available. The risk of prejudice or inconsistent findings does not outweigh the interest of justice in proceeding. Only evidence relevant to pleaded issues is admissible; evidence on unpleaded issues is excluded.

Court Disposition

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

Orders

  • Trial against the third defendant to proceed as scheduled
  • Application to admit evidence of Mr M and Mr C refused