Vainker & Anor v Marbank Construction Limited & Ors

Vainker & Anor v Marbank Construction Limited & Ors

It is disproportionate and inefficient to strike out passages of witness statements or make unless orders shortly before trial; issues of compliance with Practice Direction 57AC are best left to the trial judge, except for the statement of Mr Haffenden, where an unless order is appropriate.

Parties
Claimants: Vainker & Anor.; First Defendant: Marbank Construction Limited; Second Defendant: Mercer & Miller (A Firm); Third Defendant: SCD Architects Limited
Jurisdiction
England and Wales
Judgment Date
28 July 2022
Procedural Posture
Civil / Interlocutory Application Ruling
Outcome
Application to strike out witness statements largely refused; unless order made for Mr Haffenden's statement; costs orders made as specified.
Legal Topics
Witness Statements, Practice Direction 57 AC, Costs, Disclosure
Civil Procedure Witness Statements Practice Direction 57 AC Costs Disclosure

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Parties

Vainker & Anor.

Claimants

Marbank Construction Limited

First Defendant

Mercer & Miller (A Firm)

Second Defendant

SCD Architects Limited

Third Defendant

Procedural Posture

Civil / Interlocutory Application Ruling

Legal Issues

  1. 1 Compliance of witness statements with Practice Direction 57AC
  2. 2 Admissibility of evidence
  3. 3 Costs of amendments and applications

Ratio Decidendi

It is disproportionate and inefficient to strike out passages of witness statements or make unless orders shortly before trial; issues of compliance with Practice Direction 57AC are best left to the trial judge, except for the statement of Mr Haffenden, where an unless order is appropriate.

Court Disposition

Application to strike out witness statements largely refused; unless order made for Mr Haffenden's statement; costs orders made as specified.

Orders

  • Unless order for Mr Haffenden's statement: first defendant to serve compliant statement by date to be fixed, failing which statement is struck out or not relied upon.
  • Claimants to pay first and third defendants' costs of and occasioned by amendments and application to file and serve revised witness statements.