Motto & Ors v Trafigura Ltd & Anor

Motto & Ors v Trafigura Ltd & Anor

The appeal against Master Leslie's order is dismissed because opinion evidence from non-expert witnesses is inadmissible and must be removed. The relevance and necessity of the remaining factual witness statements will be reconsidered after expert evidence is available and further case management is conducted. The trial judge will only permit evidence that is probative and not duplicative or prejudicial.

Parties
Claimant/respondent: Yao Essaie Motto & Ors; Defendant/appellant: Trafigura Ltd & Trafigura Beheer BV
Jurisdiction
England and Wales
Judgment Date
18 May 2009
Procedural Posture
Civil / Interlocutory Application; Appeal From Case Management Order
Outcome
Appeal dismissed; further case management directions issued
Legal Topics
Admissibility of Evidence, Opinion Evidence, Case Management, Relevance of Witness Statements
Civil Procedure Tort Admissibility of Evidence Opinion Evidence Case Management Relevance of Witness Statements

Case Brief

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Parties

Yao Essaie Motto & Ors

Claimant/respondent

Trafigura Ltd & Trafigura Beheer BV

Defendant/appellant

Procedural Posture

Civil / Interlocutory Application; Appeal From Case Management Order

Legal Issues

  1. 1 Whether generic factual witness statements containing opinion evidence are admissible
  2. 2 Whether the evidence in the 56 witness statements is relevant and necessary for trial
  3. 3 Appropriate case management of voluminous witness evidence

Ratio Decidendi

The appeal against Master Leslie's order is dismissed because opinion evidence from non-expert witnesses is inadmissible and must be removed. The relevance and necessity of the remaining factual witness statements will be reconsidered after expert evidence is available and further case management is conducted. The trial judge will only permit evidence that is probative and not duplicative or prejudicial.

Court Disposition

Appeal dismissed; further case management directions issued

Orders

  • Permission to appeal against Master Leslie's order granted
  • Appeal dismissed