Myall v Ministry of Defence & Anor [2017] EWHC 1752 (QB) (12 July 2017)

Myall v Ministry of Defence & Anor [2017] EWHC 1752 (QB) (12 July 2017)

The appeal was allowed because the late witness statement did not introduce new factual issues requiring further evidence from the Defendants, the amendment was already factually supported in the pleadings, and the Master was unable to fully consider all relevant circumstances due to time constraints. The split trial was refused due to lack of medical evidence.

Citation
[2017] EWHC 1752 (QB)
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 From Case Management Decision / Interlocutory Appeal Prior to Trial
Outcome
Appeal allowed in part
Legal Topics
Late Witness Statement, Amendment of Pleadings, Split Trial, Relief From Sanctions
Civil Procedure Late Witness Statement Amendment of Pleadings Split Trial Relief From Sanctions

Case Brief

Summary, issues, holding and outcome

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Parties

David Myall

Claimant

Ministry of Defence

First Defendant

Serco Limited

Second Defendant

Procedural Posture

Appeal From Case Management Decision / Interlocutory Appeal Prior to Trial

Legal Issues

  1. 1 Whether to permit late service of a factual witness statement
  2. 2 Whether to allow amendment of particulars of claim to extend duty under 1987 Regulations to First Defendant
  3. 3 Whether to order a split trial

Ratio Decidendi

The appeal was allowed because the late witness statement did not introduce new factual issues requiring further evidence from the Defendants, the amendment was already factually supported in the pleadings, and the Master was unable to fully consider all relevant circumstances due to time constraints. The split trial was refused due to lack of medical evidence.

Court Disposition

Appeal allowed in part

Orders

  • Permission granted to serve and use Mr. Shadforth's witness statement at trial, with certain passages to be deleted.
  • Permission granted to amend the particulars of claim as sought.