WXY v Gewanter & Ors

WXY v Gewanter & Ors

The trial against the third defendant can proceed fairly in the absence of the first defendant. The main allegations against the third defendant are not affected by the case against the first defendant. The interests of justice require the case to proceed, and any findings can be made without prejudicing the absent defendant. Only evidence relevant to pleaded issues is admissible; evidence on unpleaded issues or not material to the third defendant's case is excluded.

Parties
Claimant: WXY; First Defendant: Mr Henry Gewanter; Second Defendant: Positive Profile Ltd; Third Defendant: Mr Mark Burby
Jurisdiction
England and Wales
Judgment Date
13 July 2011
Procedural Posture
Civil / Interlocutory Judgment on Adjournment and Admissibility of Evidence
Outcome
Application for adjournment by the third defendant refused; trial against the third defendant to proceed. Application to admit certain evidence refused except as specified.
Legal Topics
Breach of Confidence, Injunctions, Adjournment of Trial, Admissibility of Evidence, Public Domain, Damages Assessment
Privacy Defamation Harassment Civil Procedure Breach of Confidence Injunctions Adjournment of Trial Admissibility of Evidence +2 more

Case Brief

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Parties

WXY

Claimant

Mr Henry Gewanter

First Defendant

Positive Profile Ltd

Second Defendant

Mr Mark Burby

Third Defendant

Procedural Posture

Civil / Interlocutory Judgment on Adjournment and Admissibility of Evidence

Legal Issues

  1. 1 Whether the trial against the third defendant should be adjourned due to the illness of the first defendant
  2. 2 Whether the trial against the third defendant can proceed fairly in the absence of the first defendant
  3. 3 Admissibility of certain witness evidence sought by the third defendant

Ratio Decidendi

The trial against the third defendant can proceed fairly in the absence of the first defendant. The main allegations against the third defendant are not affected by the case against the first defendant. The interests of justice require the case to proceed, and any findings can be made without prejudicing the absent defendant. Only evidence relevant to pleaded issues is admissible; evidence on unpleaded issues or not material to the third defendant's case is excluded.

Court Disposition

Application for adjournment by the third defendant refused; trial against the third defendant to proceed. Application to admit certain evidence refused except as specified.

Orders

  • Trial against the third defendant to proceed immediately.
  • Evidence of Mrs A admitted only as to the public domain issue and her relationship with the claimant.