Bilta (UK) Ltd & Ors v Tradition Financial Services Ltd

Bilta (UK) Ltd & Ors v Tradition Financial Services Ltd

The judge erred by not focusing on whether the trial would be fair without the live evidence of Ms Mortimer, an important witness for TFS. Given her likely availability if the trial were adjourned and the absence of uncompensatable prejudice to the claimants, it would be unfair to proceed. The appeal was allowed and the trial adjourned.

Parties
Claimant: Bilta (UK) Ltd (in liquidation) & Others; Defendant/appellant: Tradition Financial Services Ltd
Jurisdiction
England and Wales
Judgment Date
22 February 2021
Procedural Posture
Civil Appeal / Appeal From High Court Decision on Adjournment Application
Outcome
Appeal allowed
Legal Topics
Adjournment of Trial, Fair Trial, Witness Availability, Case Management Discretion
Civil Procedure Adjournment of Trial Fair Trial Witness Availability Case Management Discretion

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Parties

Bilta (UK) Ltd (in liquidation) & Others

Claimant

Tradition Financial Services Ltd

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From High Court Decision on Adjournment Application

Legal Issues

  1. 1 Whether refusal to adjourn trial due to unavailability of an important witness for medical reasons would render the trial unfair
  2. 2 Whether the judge applied the correct legal principles in refusing the adjournment

Ratio Decidendi

The judge erred by not focusing on whether the trial would be fair without the live evidence of Ms Mortimer, an important witness for TFS. Given her likely availability if the trial were adjourned and the absence of uncompensatable prejudice to the claimants, it would be unfair to proceed. The appeal was allowed and the trial adjourned.

Court Disposition

Appeal allowed

Orders

  • Trial adjourned to the first available date after 1 October 2021
  • Parties to write to the Chancellor of the High Court to consider expedition of the trial