Myall v Ministry of Defence & Anor

Myall v Ministry of Defence & Anor

The late witness statement raised no new factual issues requiring further evidence from Defendants and supported existing evidence; amendment to particulars of claim was justified by existing pleadings and evidence; insufficient medical evidence to justify split trial.

Parties
Claimant: David Myall; First Defendant: Ministry of Defence; Second Defendant: Serco Limited
Jurisdiction
England and Wales
Judgment Date
12 July 2017
Procedural Posture
Appeal / Ruling on Appeal From Case Management Decision
Outcome
Appeal allowed in part
Legal Topics
Case Management, Late Witness Statement, Amendment of Pleadings, Split Trial, Relief From Sanctions
Civil Procedure Case Management Late Witness Statement Amendment of Pleadings Split Trial Relief From Sanctions

Case Brief

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Parties

David Myall

Claimant

Ministry of Defence

First Defendant

Serco Limited

Second Defendant

Procedural Posture

Appeal / Ruling on Appeal From Case Management Decision

Legal Issues

  1. 1 Whether permission should be granted to serve a further factual witness statement out of time
  2. 2 Whether amendment to particulars of claim should be allowed
  3. 3 Whether a split trial should be ordered

Ratio Decidendi

The late witness statement raised no new factual issues requiring further evidence from Defendants and supported existing evidence; amendment to particulars of claim was justified by existing pleadings and evidence; insufficient medical evidence to justify split trial.

Court Disposition

Appeal allowed in part

Orders

  • Permission granted to serve additional witness statement with specified deletions
  • Permission granted to amend particulars of claim