Tiernan-Spratt & Anor v City Of Wolverhampton Council [2023] EWHC 811 (KB) (05 April 2023)

Tiernan-Spratt & Anor v City Of Wolverhampton Council [2023] EWHC 811 (KB) (05 April 2023)

The District Judge erred by failing to adequately consider the nature of the Defendant's decision not to approach the deceased's mother earlier (a conscientious, sensitive judgment rather than defiance) and by not weighing the prejudice to the administration of justice in excluding direct, pivotal evidence on fundamental dishonesty and causation. Relief from sanctions should be granted to admit the late witness statements, as the prejudice to the court and justice outweighs any prejudice to the Claimant.

Citation
[2023] EWHC 811 (KB)
Parties
First Claimant/respondent: Julie Tiernan-Spratt (Personal representative of the Estate of Dominic Spratt, deceased); Second Claimant/respondent: Julie Tiernan-Spratt (on her own behalf and on behalf of the Dependants of the Estate of Dominic Spratt deceased); Defendant/appellant: City of Wolverhampton Council
Jurisdiction
England and Wales
Judgment Date
05 April 2023
Procedural Posture
Appeal / Appeal Against Refusal of Relief From Sanctions (late Witness Statements)
Outcome
Appeal allowed; relief from sanctions granted.
Legal Topics
Relief From Sanctions, Late Service of Witness Statements, Denton Principles, Fundamental Dishonesty (section 57 Criminal Justice and Courts Act 2015), Case Management Discretion
Civil Procedure Personal Injury Relief From Sanctions Late Service of Witness Statements Denton Principles Fundamental Dishonesty (section 57 Criminal Justice and Courts Act 2015) Case Management Discretion

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Parties

Julie Tiernan-Spratt (Personal representative of the Estate of Dominic Spratt, deceased)

First Claimant/respondent

Julie Tiernan-Spratt (on her own behalf and on behalf of the Dependants of the Estate of Dominic Spratt deceased)

Second Claimant/respondent

City of Wolverhampton Council

Defendant/appellant

Procedural Posture

Appeal / Appeal Against Refusal of Relief From Sanctions (late Witness Statements)

Legal Issues

  1. 1 Whether the District Judge erred in refusing relief from sanctions for late service of witness statements
  2. 2 Whether the reasons for delay constituted a 'good reason' under Denton
  3. 3 Whether the refusal to grant relief was a proportionate sanction in the circumstances

Ratio Decidendi

The District Judge erred by failing to adequately consider the nature of the Defendant's decision not to approach the deceased's mother earlier (a conscientious, sensitive judgment rather than defiance) and by not weighing the prejudice to the administration of justice in excluding direct, pivotal evidence on fundamental dishonesty and causation. Relief from sanctions should be granted to admit the late witness statements, as the prejudice to the court and justice outweighs any prejudice to the Claimant.

Court Disposition

Appeal allowed; relief from sanctions granted.

Orders

  • Late witness statements of Mrs Spratt, Sean Spratt, and Bridget Anne Tatham to be admitted.
  • Parties to consider and submit on costs consequences of the application and consequential directions.