GREENCASTLE MM LLP v ALEXANDER PAYNE

GREENCASTLE MM LLP v ALEXANDER PAYNE

The claimant's witness statements contain extensive inadmissible content in breach of Practice Direction 57AC, including speculation, commentary, argument, and opinion not within the witness's personal knowledge. Permission for the existing witness statements is withdrawn; the claimant is permitted to serve a replacement, fully compliant statement by the specified date.

Parties
Claimant: Greencastle MM LLP; Defendant: Alexander Payne; Defendant: Michael Tindall; Defendant: James Haskell
Jurisdiction
England and Wales
Judgment Date
13 January 2022
Procedural Posture
Intellectual Property / Pre Trial Review
Outcome
Permission for existing witness statements withdrawn; permission granted to serve replacement compliant statement by 19 January 2022.
Legal Topics
Witness Evidence, Practice Direction Compliance, Passing Off, Misrepresentation
Civil Procedure Intellectual Property Witness Evidence Practice Direction Compliance Passing Off Misrepresentation

Case Brief

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Parties

Greencastle MM LLP

Claimant

Alexander Payne

Defendant

Michael Tindall

Defendant

James Haskell

Defendant

Procedural Posture

Intellectual Property / Pre Trial Review

Legal Issues

  1. 1 Whether passages of the claimant's witness statements comply with Practice Direction 57AC
  2. 2 Whether the claimant's witness statements contain inadmissible opinion, argument, or commentary
  3. 3 Whether the claimant's witness statements should be struck out or replaced

Ratio Decidendi

The claimant's witness statements contain extensive inadmissible content in breach of Practice Direction 57AC, including speculation, commentary, argument, and opinion not within the witness's personal knowledge. Permission for the existing witness statements is withdrawn; the claimant is permitted to serve a replacement, fully compliant statement by the specified date.

Court Disposition

Permission for existing witness statements withdrawn; permission granted to serve replacement compliant statement by 19 January 2022.

Orders

  • Claimant to serve replacement, fully compliant witness statement by 19 January 2022.
  • Claimant to bear burden and costs of ensuring compliance with Practice Direction 57AC.