Fons HF v Corporal Ltd [2013] EWHC 1278 (Ch) (09 May 2013)

Fons HF v Corporal Ltd [2013] EWHC 1278 (Ch) (09 May 2013)

The court granted a short extension for the filing of witness statements due to the proximity of the hearing to the amendment of the Civil Procedure Rules and the relatively short period of default, but warned that future non-compliance would be met with strict sanctions.

Citation
[2013] EWHC 1278 (Ch)
Parties
Claimant: FONS HF; First Defendant: Corporal Ltd; Second Defendant: Pillar Securitisation
Jurisdiction
England and Wales
Judgment Date
09 May 2013
Procedural Posture
Civil / Case Management Hearing Regarding Extension of Time for Filing Witness Statements
Outcome
Extension of time granted for filing witness statements until 4 pm the following day, with sanction of debarring non-compliant parties from relying on evidence at trial.
Legal Topics
Case Management, Witness Statements, Compliance With Court Orders, Civil Procedure Rules
Civil Procedure Case Management Witness Statements Compliance With Court Orders Civil Procedure Rules

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Parties

FONS HF

Claimant

Corporal Ltd

First Defendant

Pillar Securitisation

Second Defendant

Procedural Posture

Civil / Case Management Hearing Regarding Extension of Time for Filing Witness Statements

Legal Issues

  1. 1 Whether to grant an extension of time for filing witness statements
  2. 2 Consequences of non-compliance with case management orders

Ratio Decidendi

The court granted a short extension for the filing of witness statements due to the proximity of the hearing to the amendment of the Civil Procedure Rules and the relatively short period of default, but warned that future non-compliance would be met with strict sanctions.

Court Disposition

Extension of time granted for filing witness statements until 4 pm the following day, with sanction of debarring non-compliant parties from relying on evidence at trial.

Orders

  • Time for complying with the order for filing witness statements extended until 4 pm tomorrow.
  • Any party failing to comply with the order shall be debarred from relying upon any evidence at trial.