Wilkinson v West Coast Capital & Ors

Wilkinson v West Coast Capital & Ors

The court declined to strike out the first group of witness statement paragraphs as it was not plain they were irrelevant or unhelpful, but ordered that evidence relating to without prejudice negotiations be struck out as the without prejudice rule applied and there was no sufficient evidence of bad faith to justify an exception.

Parties
Petitioner: Peter Robert Wilkinson; Respondents: West Coast Capital & Ors
Jurisdiction
England and Wales
Judgment Date
22 July 2005
Procedural Posture
Company Law Petition (s.459 Companies Act 1985) / Pre Trial Review Ruling
Outcome
Application to strike out parts of witness statements allowed in part and dismissed in part
Legal Topics
Unfair Prejudice Petition, Striking Out Evidence, Without Prejudice Communications, Case Management
Company Law Civil Procedure Unfair Prejudice Petition Striking Out Evidence Without Prejudice Communications Case Management

Case Brief

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Parties

Peter Robert Wilkinson

Petitioner

West Coast Capital & Ors

Respondents

Procedural Posture

Company Law Petition (s.459 Companies Act 1985) / Pre Trial Review Ruling

Legal Issues

  1. 1 Whether parts of the petitioner's witness statements should be struck out for irrelevance or disproportionality
  2. 2 Whether evidence of without prejudice negotiations is admissible

Ratio Decidendi

The court declined to strike out the first group of witness statement paragraphs as it was not plain they were irrelevant or unhelpful, but ordered that evidence relating to without prejudice negotiations be struck out as the without prejudice rule applied and there was no sufficient evidence of bad faith to justify an exception.

Court Disposition

Application to strike out parts of witness statements allowed in part and dismissed in part

Orders

  • Disclosure by list of relevant documents within 14 days by petitioner and Mr Wood
  • Each party to inform the other by 14 October 2005 of intended witness order, with 48 hours’ notice of changes before trial