Capital Funding One Ltd v Esqulant & Anor [2020] EWHC 981 (QB) (24 April 2020)

Capital Funding One Ltd v Esqulant & Anor [2020] EWHC 981 (QB) (24 April 2020)

The judge was entitled to permit Mr Esqulant to give evidence as a witness for the Respondent under a genuine witness summons, as he was not advancing his own case but assisting the Respondent. There was no procedural ambush or unfairness, and any failure to serve a witness statement was not a deliberate attempt to circumvent the rules. Even if relief from sanctions was required, it would have been granted given the circumstances. The decision to admit the evidence was within the judge's discretion and did not cause injustice to the Appellant.

Citation
[2020] EWHC 981
Parties
Claimant: Capital Funding One Limited; First Defendant: Daniel John Esqulant; Second Defendant / Respondent: Alison Jayne Esqulant
Jurisdiction
England and Wales
Judgment Date
24 April 2020
Procedural Posture
Appeal / Appeal From Decision of District Judge Ransom Permitting Evidence at Trial
Outcome
Appeal dismissed
Legal Topics
Admission of Evidence, Relief From Sanctions, Beneficial Interest in Property, Witness Summons, Case Management Discretion
Civil Procedure Property Law Admission of Evidence Relief From Sanctions Beneficial Interest in Property Witness Summons Case Management Discretion

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Parties

Capital Funding One Limited

Claimant

Daniel John Esqulant

First Defendant

Alison Jayne Esqulant

Second Defendant / Respondent

Procedural Posture

Appeal / Appeal From Decision of District Judge Ransom Permitting Evidence at Trial

Legal Issues

  1. 1 Whether the trial judge erred in permitting Mr Esqulant to give evidence despite non-compliance with witness statement directions
  2. 2 Whether CPR 32.10 or CPR 34 prevails when a party is called as a witness by co-defendant via summons
  3. 3 Whether failure to serve a witness statement or summary required exclusion of evidence absent relief from sanctions

Ratio Decidendi

The judge was entitled to permit Mr Esqulant to give evidence as a witness for the Respondent under a genuine witness summons, as he was not advancing his own case but assisting the Respondent. There was no procedural ambush or unfairness, and any failure to serve a witness statement was not a deliberate attempt to circumvent the rules. Even if relief from sanctions was required, it would have been granted given the circumstances. The decision to admit the evidence was within the judge's discretion and did not cause injustice to the Appellant.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed; decision of District Judge Ransom upheld permitting Mr Esqulant to give evidence.