Yesss (A) Electrical Ltd v Warren [2024] EWCA Civ 14 (19 January 2024)

Yesss (A) Electrical Ltd v Warren [2024] EWCA Civ 14 (19 January 2024)

A late application for permission to rely on expert evidence in a new discipline is not an application for relief from sanctions under CPR r3.9 unless a breach triggers an express or implied sanction. In this case, the breaches of directions did not trigger a sanction under CPR r35.4(1), which is a general requirement, not a sanction. The application falls to be determined under the overriding objective, not relief from sanctions.

Citation
[2024] EWCA Civ 14
Parties
Appellant/defendant: Yesss (A) Electrical Ltd; Respondent/claimant: Martin Warren
Jurisdiction
England and Wales
Judgment Date
19 January 2024
Procedural Posture
Appeal From County Court (civil Division) / Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Relief From Sanctions, Expert Evidence, Case Management, Overriding Objective
Civil Procedure Relief From Sanctions Expert Evidence Case Management Overriding Objective

Case Brief

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Parties

Yesss (A) Electrical Ltd

Appellant/defendant

Martin Warren

Respondent/claimant

Procedural Posture

Appeal From County Court (civil Division) / Court of Appeal Judgment

Legal Issues

  1. 1 Does a late application for permission to rely on expert evidence in a new discipline constitute an application for relief from sanctions under CPR r3.8 and r3.9?
  2. 2 Should permission to rely on late expert evidence be granted under the overriding objective?

Ratio Decidendi

A late application for permission to rely on expert evidence in a new discipline is not an application for relief from sanctions under CPR r3.9 unless a breach triggers an express or implied sanction. In this case, the breaches of directions did not trigger a sanction under CPR r35.4(1), which is a general requirement, not a sanction. The application falls to be determined under the overriding objective, not relief from sanctions.

Court Disposition

Appeal dismissed

Orders

  • Permission to rely on pain management expert evidence granted to claimant
  • Permission for psychologist expert evidence refused