Malcolm Electropainting Group v West Midlands Passenger Transport Executive [2003] EWLands ACQ_59_2002 (04 February 2003)

Malcolm Electropainting Group v West Midlands Passenger Transport Executive [2003] EWLands ACQ_59_2002 (04 February 2003)

The reasonableness of the claimants' relocation is a discrete preliminary issue suitable for separate determination, as it can be severed from quantum and may reduce costs and time; the witness statement of Jake Malcolm, referred to as factual background in an expert report, is not privileged and must be disclosed; the PTE's application to call additional experts is refused for the preliminary issue as they had ample notice and chose to address the issues within their permitted experts; the letter dated 3 July 1996 is inadmissible under the without prejudice rule as it formed part of genuine settlement negotiations, not an assertion of rights.

Citation
[2003] EWLands ACQ_59_2002
Parties
Claimants: Malcolm Electropainting Group; Acquiring Authority: West Midlands Passenger Transport Executive
Jurisdiction
England and Wales
Judgment Date
04 February 2003
Procedural Posture
Reference for Compensation for Compulsory Acquisition / Interlocutory Decision on Preliminary Issues and Evidentiary Applications
Outcome
Applications determined as follows: preliminary issue ordered; specific disclosure of witness statement ordered; application for additional experts refused for preliminary issue; references to 'without prejudice' letter ordered deleted; costs in the reference.
Legal Topics
Reasonableness of Relocation, Discovery of Witness Statements, Admissibility of Without Prejudice Communications, Expert Evidence, Preliminary Issues
Compulsory Purchase Land Compensation Civil Procedure Reasonableness of Relocation Discovery of Witness Statements Admissibility of Without Prejudice Communications Expert Evidence Preliminary Issues

Case Brief

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Parties

Malcolm Electropainting Group

Claimants

West Midlands Passenger Transport Executive

Acquiring Authority

Procedural Posture

Reference for Compensation for Compulsory Acquisition / Interlocutory Decision on Preliminary Issues and Evidentiary Applications

Legal Issues

  1. 1 Whether the reasonableness of the claimants' relocation should be determined as a preliminary issue
  2. 2 Whether the claimants must disclose the witness statement of Jake Malcolm
  3. 3 Whether the PTE should be permitted to call additional expert witnesses

Ratio Decidendi

The reasonableness of the claimants' relocation is a discrete preliminary issue suitable for separate determination, as it can be severed from quantum and may reduce costs and time; the witness statement of Jake Malcolm, referred to as factual background in an expert report, is not privileged and must be disclosed; the PTE's application to call additional experts is refused for the preliminary issue as they had ample notice and chose to address the issues within their permitted experts; the letter dated 3 July 1996 is inadmissible under the without prejudice rule as it formed part of genuine settlement negotiations, not an assertion of rights.

Court Disposition

Applications determined as follows: preliminary issue ordered; specific disclosure of witness statement ordered; application for additional experts refused for preliminary issue; references to 'without prejudice' letter ordered deleted; costs in the reference.

Orders

  • Preliminary issue on reasonableness of relocation to be determined first
  • Claimants to disclose witness statement of Jake Malcolm within seven days