Bawden v WM Morrison Supermarkets Plc

Bawden v WM Morrison Supermarkets Plc

The judge was entitled to grant relief from sanctions and admit late evidence because there was a good excuse for the delay, a material change of circumstances occurred, and the District Judge's decision was plainly wrong under the Denton test. The appellate court should not shield fraudulent claims by rigidly applying procedural rules.

Parties
Claimant/applicant: June Bawden; Defendant/respondent: WM Morrison Supermarkets PLC
Jurisdiction
England and Wales
Judgment Date
22 July 2015
Procedural Posture
Civil Appeal / Renewed Oral Application for Permission to Bring a Second Appeal
Outcome
Application for permission to appeal refused
Legal Topics
Relief From Sanctions, Admission of Late Evidence, Fraud in Civil Claims, Case Management Discretion
Civil Procedure Personal Injury Relief From Sanctions Admission of Late Evidence Fraud in Civil Claims Case Management Discretion

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Parties

June Bawden

Claimant/applicant

WM Morrison Supermarkets PLC

Defendant/respondent

Procedural Posture

Civil Appeal / Renewed Oral Application for Permission to Bring a Second Appeal

Legal Issues

  1. 1 Whether the judge was wrong to grant relief from sanctions for late witness evidence
  2. 2 Whether the judge was wrong to admit surveillance evidence after a material change of circumstances
  3. 3 Whether the appellate court should interfere with case management discretion

Ratio Decidendi

The judge was entitled to grant relief from sanctions and admit late evidence because there was a good excuse for the delay, a material change of circumstances occurred, and the District Judge's decision was plainly wrong under the Denton test. The appellate court should not shield fraudulent claims by rigidly applying procedural rules.

Court Disposition

Application for permission to appeal refused