Baynton-Williams v Baynton-Williams [2019] EWHC 2179 (Ch) (19 August 2019)

Baynton-Williams v Baynton-Williams [2019] EWHC 2179 (Ch) (19 August 2019)

The defendant's evidence is admitted, subject to formal verification, because the claimant could have accessed it from the court file, there was no express sanction for late service, and the interests of justice require the factual dispute about the property's condition to be resolved with all relevant evidence. The expert's report must be supplemented based on the defendant's evidence.

Citation
[2019] EWHC 2179 (Ch)
Parties
Claimant: Miles Baynton-Williams; Defendant: Ashley Mark Baynton-Williams
Jurisdiction
England and Wales
Judgment Date
19 August 2019
Procedural Posture
Probate/property Trusts / Directions Hearing Following Claim for Removal of Administrator and Accounting for Occupation
Outcome
Defendant's evidence admitted subject to verification; further directions for evidence and expert report; no final determination of quantum or liability at this stage.
Legal Topics
Intestacy, Administration of Estates, Relief From Sanctions, Expert Evidence, Disclosure
Probate Property Law Civil Procedure Intestacy Administration of Estates Relief From Sanctions Expert Evidence Disclosure

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Parties

Miles Baynton-Williams

Claimant

Ashley Mark Baynton-Williams

Defendant

Procedural Posture

Probate/property Trusts / Directions Hearing Following Claim for Removal of Administrator and Accounting for Occupation

Legal Issues

  1. 1 Whether the defendant's late evidence should be admitted despite non-service
  2. 2 Whether the expert's valuation was based on accurate assumptions about property condition
  3. 3 What directions are necessary to resolve the factual dispute about the property's condition

Ratio Decidendi

The defendant's evidence is admitted, subject to formal verification, because the claimant could have accessed it from the court file, there was no express sanction for late service, and the interests of justice require the factual dispute about the property's condition to be resolved with all relevant evidence. The expert's report must be supplemented based on the defendant's evidence.

Court Disposition

Defendant's evidence admitted subject to verification; further directions for evidence and expert report; no final determination of quantum or liability at this stage.

Orders

  • Defendant to verify statements with statement of truth.
  • Claimant permitted to file evidence in response.