French & Anor v Savelieva

French & Anor v Savelieva

The deputy adjudicator erred by failing to require and consider a good reason for the delay in seeking expert inspection of evidence, and by not properly accounting for the litigation stress and delay imposed on the claimants; thus, the order for expert inspection was set aside.

Parties
Claimants/appellants: French & Another; Defendant/respondent: Savelieva
Jurisdiction
England and Wales
Judgment Date
17 July 2013
Procedural Posture
Appeal / Judgment on Application for Permission to Appeal and the Appeal Itself
Outcome
Appeal allowed; deputy adjudicator's order set aside.
Legal Topics
Possessory Title, Disclosure of Evidence, Late Evidence, Litigation Delay
Civil Procedure Property Law Possessory Title Disclosure of Evidence Late Evidence Litigation Delay

Case Brief

Summary, issues, holding and outcome

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Parties

French & Another

Claimants/appellants

Savelieva

Defendant/respondent

Procedural Posture

Appeal / Judgment on Application for Permission to Appeal and the Appeal Itself

Legal Issues

  1. 1 Whether the deputy adjudicator erred in granting an order for expert inspection of photographs after the close of evidence and submissions
  2. 2 Whether there was a good reason for the delay in making the application for expert inspection
  3. 3 Whether the deputy adjudicator failed to consider the impact of litigation stress and delay on the claimants

Ratio Decidendi

The deputy adjudicator erred by failing to require and consider a good reason for the delay in seeking expert inspection of evidence, and by not properly accounting for the litigation stress and delay imposed on the claimants; thus, the order for expert inspection was set aside.

Court Disposition

Appeal allowed; deputy adjudicator's order set aside.

Orders

  • Permission to appeal granted
  • Deputy adjudicator's order of 27 March 2013 set aside