Law v Raleys Solicitors

Law v Raleys Solicitors

The applicant failed to demonstrate any important point of principle or practice or compelling reason for a second appeal; the District Judge exercised discretion appropriately and in accordance with the overriding objective of the Civil Procedure Rules.

Parties
Claimant/applicant: Jeffrey Law; Defendant/respondent: Raleys Solicitors
Jurisdiction
England and Wales
Judgment Date
19 April 2016
Procedural Posture
Civil Appeal / Renewed Application for Permission to Bring Second Appeal
Outcome
application dismissed
Legal Topics
Admissibility of Evidence, Disclosure Rules, Sanctions for Breach of Disclosure, Second Appeals
Civil Procedure Admissibility of Evidence Disclosure Rules Sanctions for Breach of Disclosure Second Appeals

Case Brief

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Parties

Jeffrey Law

Claimant/applicant

Raleys Solicitors

Defendant/respondent

Procedural Posture

Civil Appeal / Renewed Application for Permission to Bring Second Appeal

Legal Issues

  1. 1 Whether the District Judge erred in permitting defendants to rely on evidence not disclosed prior to service of witness statements
  2. 2 Whether deliberate withholding of evidence should result in automatic exclusion as a sanction
  3. 3 Whether the case raises an important point of principle or practice justifying a second appeal

Ratio Decidendi

The applicant failed to demonstrate any important point of principle or practice or compelling reason for a second appeal; the District Judge exercised discretion appropriately and in accordance with the overriding objective of the Civil Procedure Rules.

Court Disposition

application dismissed

Orders

  • renewed application for permission to bring second appeal is dismissed