Angela Denise Curtiss & Ors. v Zurich Insurance Plc & Anor.

Angela Denise Curtiss & Ors. v Zurich Insurance Plc & Anor.

The court found that certain witness statements (from licensed conveyancers and lenders not involved in the transactions) and specific passages in the developer's solicitor's statement were inadmissible and unhelpful, warranting strike out under Practice Direction 57AC. However, the court held that Zurich's application was largely disproportionate and not justified in its breadth, and that many issues could be addressed at trial. Sanctions were imposed only where necessary for efficient case management.

Parties
Claimants: Angela Denise Curtiss and others; First Defendant: Zurich Insurance PLC; Second Defendant: East West Insurance Company Limited
Jurisdiction
England and Wales
Judgment Date
01 June 2022
Procedural Posture
Civil Application / Interlocutory Application for Strike Out of Witness Statements Prior to Trial
Outcome
Application partially allowed
Legal Topics
Witness Statements, Practice Direction 57 AC, Case Management, Sanctions for Non Compliance
Civil Procedure Witness Statements Practice Direction 57 AC Case Management Sanctions for Non Compliance

Case Brief

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Parties

Angela Denise Curtiss and others

Claimants

Zurich Insurance PLC

First Defendant

East West Insurance Company Limited

Second Defendant

Procedural Posture

Civil Application / Interlocutory Application for Strike Out of Witness Statements Prior to Trial

Legal Issues

  1. 1 Whether certain witness statements and parts thereof should be struck out for non-compliance with Practice Direction 57AC and the Statement of Best Practice
  2. 2 Whether the application for strike out was proportionate and justified

Ratio Decidendi

The court found that certain witness statements (from licensed conveyancers and lenders not involved in the transactions) and specific passages in the developer's solicitor's statement were inadmissible and unhelpful, warranting strike out under Practice Direction 57AC. However, the court held that Zurich's application was largely disproportionate and not justified in its breadth, and that many issues could be addressed at trial. Sanctions were imposed only where necessary for efficient case management.

Court Disposition

Application partially allowed

Orders

  • Strike out the trial witness statements of Miss Nerys Sanders and Ms Helen Hutchison.
  • Strike out the witness statements of Mr Elson and Mr Ford (lenders).