Roberts & Anor v Williams & Anor

Roberts & Anor v Williams & Anor

The District Judge erred in principle by failing to apply the overriding objective and by excluding material evidence that could be compensated for by costs and adjournment. The appeal is allowed; the defendants may amend their pleadings and adduce Mrs Williams' evidence at trial.

Parties
Claimants/appellants: Rex David Williams and Peggy Eileen Williams; Defendants/respondents: Ian Roberts and Pamela Roberts
Jurisdiction
England and Wales
Judgment Date
18 May 2005
Procedural Posture
Civil Appeal / Interlocutory Appeal From Case Management Decision
Outcome
appeal allowed
Legal Topics
Admission of Late Evidence, Case Management Discretion, Right of Way, Neighbour Disputes, Pleadings and Amendments
Civil Procedure Property Law Admission of Late Evidence Case Management Discretion Right of Way Neighbour Disputes Pleadings and Amendments

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 6 Party arguments 2
Sign in to unlock

Parties

Rex David Williams and Peggy Eileen Williams

Claimants/appellants

Ian Roberts and Pamela Roberts

Defendants/respondents

Procedural Posture

Civil Appeal / Interlocutory Appeal From Case Management Decision

Legal Issues

  1. 1 Whether the District Judge erred in refusing to admit a late witness statement by Mrs Williams
  2. 2 Whether the refusal to admit the statement was a proper exercise of case management discretion
  3. 3 Whether the defendants should be permitted to amend their pleadings to include new evidence

Ratio Decidendi

The District Judge erred in principle by failing to apply the overriding objective and by excluding material evidence that could be compensated for by costs and adjournment. The appeal is allowed; the defendants may amend their pleadings and adduce Mrs Williams' evidence at trial.

Court Disposition

appeal allowed

Orders

  • Defendants permitted to amend their pleadings to include the new evidence
  • Defendants permitted to adduce Mrs Williams' statement at trial