Roberts & Anor v Williams & Anor

Roberts & Anor v Williams & Anor

Permission to appeal was granted on condition that the defendants pay the claimants' outstanding costs, as the case raised an important point of practice regarding the handling of sensitive medical evidence and late witness statements in civil proceedings.

Parties
Claimant/respondent: Ian Roberts; Claimant/respondent: Pamela Roberts; Defendant/applicant: Rex David Williams; Defendant/applicant: Peggy Eileen Williams
Jurisdiction
England and Wales
Judgment Date
25 January 2005
Procedural Posture
Civil Appeal / Application for Permission to Appeal
Outcome
permission to appeal granted on condition of costs payment
Legal Topics
Admission of Evidence, Witness Statements, Right of Way, Case Management, Appeals
Civil Procedure Admission of Evidence Witness Statements Right of Way Case Management Appeals

Case Brief

Summary, issues, holding and outcome

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Parties

Ian Roberts

Claimant/respondent

Pamela Roberts

Claimant/respondent

Rex David Williams

Defendant/applicant

Peggy Eileen Williams

Defendant/applicant

Procedural Posture

Civil Appeal / Application for Permission to Appeal

Legal Issues

  1. 1 Whether the court should grant permission to adduce a late witness statement based on alleged illness of a party
  2. 2 Whether the refusal to admit the statement was a proper exercise of discretion
  3. 3 Whether medical evidence for the delay in filing the statement should be disclosed to the other party

Ratio Decidendi

Permission to appeal was granted on condition that the defendants pay the claimants' outstanding costs, as the case raised an important point of practice regarding the handling of sensitive medical evidence and late witness statements in civil proceedings.

Court Disposition

permission to appeal granted on condition of costs payment

Orders

  • Defendants to pay claimants the costs set out in the orders of District Judge Godwin of 22 January 2004 (£297.86) and 28 April 2004 (£1,137.77) within 14 days; otherwise, permission lapses.
  • Appeal to proceed before a three-judge court, one with expertise in the CPR; may include a High Court judge.