J Sainsbury Plc & Anor v WSP Consulting Engineers Plc & Anor

J Sainsbury Plc & Anor v WSP Consulting Engineers Plc & Anor

In the interests of justice, the claimants are permitted to adduce the additional witness statements and supplemental evidence, provided the defendants and part 20 defendant are given a proper opportunity to prepare, cross-examine the new witnesses, and recall previous witnesses if necessary.

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 (construction Dispute) / Interlocutory Application for Permission to Adduce Additional Evidence During Trial
Outcome
Application granted with conditions
Legal Topics
Admissibility of Evidence, Witness Statements, Trial Procedure
Civil Procedure Construction Law Admissibility of Evidence Witness Statements Trial Procedure

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 (construction Dispute) / Interlocutory Application for Permission to Adduce Additional Evidence During Trial

Legal Issues

  1. 1 Whether the claimants should be granted permission to adduce additional witness statements and supplemental evidence during trial
  2. 2 Whether the defendants should be afforded an opportunity to respond to the new evidence

Ratio Decidendi

In the interests of justice, the claimants are permitted to adduce the additional witness statements and supplemental evidence, provided the defendants and part 20 defendant are given a proper opportunity to prepare, cross-examine the 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.
  • Trial adjourned to allow defendants and part 20 defendant time to prepare for cross-examination of new and recalled witnesses.