McTear & Anor v Engelhard & Ors (Rev 1) [2016] EWCA Civ 487 (24 May 2016)

McTear & Anor v Engelhard & Ors (Rev 1) [2016] EWCA Civ 487 (24 May 2016)

The judge erred in treating the late service of witness statements and late disclosure as inextricably linked, failed to properly apply the Denton three-stage test, and was not justified in excluding the defendants' evidence or the new documents. Relief from sanctions should have been granted, and a re-trial is necessary to ensure a fair hearing of the substantive issues.

Citation
[2016] EWCA Civ 487
Parties
Claimant/respondent: Andrew Ian McTear; Claimant/respondent: Christopher Kenneth Williams; Defendant/appellant: Michael Conrad Engelhard; Defendant/appellant: Maria Elizabeth Risby; Defendant/appellant: Anna Marie Engelhard; Defendant/appellant: Sylvia Patricia Engelhard; Defendant/appellant: Natasha Risby; Defendant/appellant: Anna Marie Engelhard (as personal representative of Paul Siegfried Engelhard deceased); Defendant/appellant: Engelhard Holdings Limited
Jurisdiction
England and Wales
Judgment Date
24 May 2016
Procedural Posture
Civil Appeal / Appeal From High Court (chancery Division) to Court of Appeal
Outcome
Appeal allowed
Legal Topics
Relief From Sanctions, Disclosure of Documents, Late Service of Witness Statements, Breach of Fiduciary Duty, Voidable Preference, Estoppel, Set Off, Case Management
Civil Procedure Insolvency Law Company Law Relief From Sanctions Disclosure of Documents Late Service of Witness Statements Breach of Fiduciary Duty Voidable Preference +3 more

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Parties

Andrew Ian McTear

Claimant/respondent

Christopher Kenneth Williams

Claimant/respondent

Michael Conrad Engelhard

Defendant/appellant

Maria Elizabeth Risby

Defendant/appellant

Anna Marie Engelhard

Defendant/appellant

Sylvia Patricia Engelhard

Defendant/appellant

Natasha Risby

Defendant/appellant

Anna Marie Engelhard (as personal representative of Paul Siegfried Engelhard deceased)

Defendant/appellant

Engelhard Holdings Limited

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From High Court (chancery Division) to Court of Appeal

Legal Issues

  1. 1 Whether the judge was correct to refuse relief from sanctions for late service of witness statements and late disclosure of documents
  2. 2 Whether the exclusion of defendants' evidence was justified
  3. 3 Whether the judge erred in refusing permission to re-amend the defence

Ratio Decidendi

The judge erred in treating the late service of witness statements and late disclosure as inextricably linked, failed to properly apply the Denton three-stage test, and was not justified in excluding the defendants' evidence or the new documents. Relief from sanctions should have been granted, and a re-trial is necessary to ensure a fair hearing of the substantive issues.

Court Disposition

Appeal allowed

Orders

  • Defendants permitted to call the evidence of Michael, Sylvia, and Mr Scarlett
  • Defendants permitted to rely on the new documents