J Sainsbury Plc & Anor v WSP Consulting Engineers Plc & Anor [2004] EWHC 2749 (TCC) (18 November 2004)

J Sainsbury Plc & Anor v WSP Consulting Engineers Plc & Anor [2004] EWHC 2749 (TCC) (18 November 2004)

In the interests of justice and fairness, the claimants are permitted to adduce the additional witness statements and supplemental evidence, provided the defendants are given adequate opportunity to prepare, cross-examine new witnesses, and recall previous witnesses if necessary.

Citation
[2004] EWHC 2749 (TCC)
Parties
Claimant: J Sainsbury PLC; Claimant: Sainsbury's Supermarkets Limited; Defendant/part 20 Claimant: WSP Consulting Engineers PLC (formerly WSP Kenchington Ford PLC); Part 20 Defendant: Keller Limited
Jurisdiction
England and Wales
Judgment Date
18 November 2004
Procedural Posture
Civil / Interlocutory Application During Trial
Outcome
Application granted with conditions
Legal Topics
Admissibility of Evidence, Late Evidence, Witness Statements, Cross Examination Rights
Civil Procedure Construction Law Admissibility of Evidence Late Evidence Witness Statements Cross Examination Rights

Case Brief

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Parties

J Sainsbury PLC

Claimant

Sainsbury's Supermarkets Limited

Claimant

WSP Consulting Engineers PLC (formerly WSP Kenchington Ford PLC)

Defendant/part 20 Claimant

Keller Limited

Part 20 Defendant

Procedural Posture

Civil / Interlocutory Application During Trial

Legal Issues

  1. 1 Whether to grant permission for claimants to adduce additional witness statements and supplemental evidence late in the trial
  2. 2 Whether to allow further cross-examination of witnesses in light of new evidence

Ratio Decidendi

In the interests of justice and fairness, the claimants are permitted to adduce the additional witness statements and supplemental evidence, provided the defendants are given adequate opportunity to prepare, cross-examine new witnesses, and recall previous witnesses if necessary.

Court Disposition

Application granted with conditions

Orders

  • Claimants granted permission to adduce additional witness statements and supplemental evidence.
  • Defendant and Part 20 Defendant granted opportunity to prepare, cross-examine new witnesses, and recall previous witnesses for further cross-examination as necessary.