Gladwin v Bogescu [2017] EWHC 1287 (QB) (12 June 2017)

Gladwin v Bogescu [2017] EWHC 1287 (QB) (12 June 2017)

The trial judge erred in granting relief from sanctions and adjourning the trial. The claimant's serious procedural default, for which no good reason was provided, justified striking out the claim. The court's case management powers extended to excluding the claimant's witness statement and striking out the claim to uphold procedural discipline and fairness to the defendant.

Citation
[2017] EWHC 1287
Parties
Claimant: Reece Gladwin; Defendant: Adrian Bogescu
Jurisdiction
England and Wales
Judgment Date
12 June 2017
Procedural Posture
Appeal / Judgment on Appeal From Trial Court Decision Regarding Relief From Sanctions
Outcome
Claim struck out; appeal allowed; relief from sanctions refused.
Legal Topics
Relief From Sanctions, Striking Out Claims, Civil Evidence Act 1995, Hearsay Evidence, Case Management, Credit Hire Claims
Civil Procedure Personal Injury Relief From Sanctions Striking Out Claims Civil Evidence Act 1995 Hearsay Evidence Case Management Credit Hire Claims

Case Brief

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Parties

Reece Gladwin

Claimant

Adrian Bogescu

Defendant

Procedural Posture

Appeal / Judgment on Appeal From Trial Court Decision Regarding Relief From Sanctions

Legal Issues

  1. 1 Whether the trial judge was correct to grant relief from sanctions for late service of witness statements
  2. 2 Whether the claimant could rely on his witness statement as hearsay after being barred from giving oral evidence
  3. 3 Whether the claim should be struck out for procedural default

Ratio Decidendi

The trial judge erred in granting relief from sanctions and adjourning the trial. The claimant's serious procedural default, for which no good reason was provided, justified striking out the claim. The court's case management powers extended to excluding the claimant's witness statement and striking out the claim to uphold procedural discipline and fairness to the defendant.

Court Disposition

Claim struck out; appeal allowed; relief from sanctions refused.

Orders

  • The claim is struck out in its entirety.