Scriven v Scriven

Scriven v Scriven

The new witness statement is admitted because much of its content is justified as responsive to disclosure requests and notices, some could have been introduced by supplementary questions, its admission will not significantly disrupt the trial, and the nature of the dispute warrants inclusion to avoid injustice.

Parties
Claimant: Edward Scriven; First Defendant: Lee Scriven; Second Defendant: Danny Scriven; Third Defendant: Gary Winston; Fourth Defendant: Evans Mockler; Fifth Defendant: Highstone Directors Limited; Sixth Defendant: London Tombs Limited (In Administration)
Jurisdiction
England and Wales
Judgment Date
31 January 2014
Procedural Posture
Civil / Interlocutory Application/ruling on Admissibility of Evidence
Outcome
Application to admit further witness statement granted
Legal Topics
Admissibility of Evidence, Case Management, Witness Statements, Disclosure
Civil Procedure Admissibility of Evidence Case Management Witness Statements Disclosure

Case Brief

Summary, issues, holding and outcome

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Parties

Edward Scriven

Claimant

Lee Scriven

First Defendant

Danny Scriven

Second Defendant

Gary Winston

Third Defendant

Evans Mockler

Fourth Defendant

Highstone Directors Limited

Fifth Defendant

London Tombs Limited (In Administration)

Sixth Defendant

Procedural Posture

Civil / Interlocutory Application/ruling on Admissibility of Evidence

Legal Issues

  1. 1 Whether the claimant's further witness statement and exhibits should be admitted into evidence
  2. 2 Whether parts of the witness statement should be excluded as outside the scope of prior disclosure or notices

Ratio Decidendi

The new witness statement is admitted because much of its content is justified as responsive to disclosure requests and notices, some could have been introduced by supplementary questions, its admission will not significantly disrupt the trial, and the nature of the dispute warrants inclusion to avoid injustice.

Court Disposition

Application to admit further witness statement granted

Orders

  • The new witness statement (with agreed deletions) and exhibits are admitted into evidence.
  • The claimant may be recalled for cross-examination on the new statement.