Dale Vince & Anor v HM Revenue & Customs [2016] EWHC 3385 (Ch) (14 October 2016)

Dale Vince & Anor v HM Revenue & Customs [2016] EWHC 3385 (Ch) (14 October 2016)

The application for relief from sanctions is refused because the breach is serious and significant, there is no good reason for the delay, and granting relief would inevitably result in vacation of a long-fixed trial date, causing significant prejudice to the claimants and disruption to the court's timetable. The factors against granting relief outweigh those in favour, including the need to enforce compliance with procedural directions and efficient litigation.

Citation
[2016] EWHC 3385 (Ch)
Parties
Claimant/respondent: Dale Vince; Claimant/respondent: Ecotricity Group Limited; Defendant/applicant: HM Revenue & Customs
Jurisdiction
England and Wales
Judgment Date
14 October 2016
Procedural Posture
Application for Relief From Sanctions / Pre Trial Interlocutory Hearing
Outcome
Application refused
Legal Topics
Relief From Sanctions, Witness Evidence, Compliance With Procedural Directions
Civil Procedure Relief From Sanctions Witness Evidence Compliance With Procedural Directions

Case Brief

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Parties

Dale Vince

Claimant/respondent

Ecotricity Group Limited

Claimant/respondent

HM Revenue & Customs

Defendant/applicant

Procedural Posture

Application for Relief From Sanctions / Pre Trial Interlocutory Hearing

Legal Issues

  1. 1 Whether HMRC should be granted relief from sanctions to introduce a late witness statement and call Mr Alder as a witness
  2. 2 Whether the trial date should be vacated if the application is granted

Ratio Decidendi

The application for relief from sanctions is refused because the breach is serious and significant, there is no good reason for the delay, and granting relief would inevitably result in vacation of a long-fixed trial date, causing significant prejudice to the claimants and disruption to the court's timetable. The factors against granting relief outweigh those in favour, including the need to enforce compliance with procedural directions and efficient litigation.

Court Disposition

Application refused

Orders

  • Application for permission to introduce Mr Alder's witness statement and call him as a witness is refused
  • Subsidiary application for video link evidence does not arise