Baynton-Williams v Baynton-Williams

The defendant's evidence is admitted, provided it is verified with a statement of truth, because the claimant could have accessed it from the court file, no express sanction applied, and the interests of justice require resolution of factual disputes regarding the property's condition before determining the sum owed.

Parties: Claimant: Miles Baynton-Williams; Defendant: Ashley Mark Baynton-Williams
Jurisdiction: England and Wales
Judgment Date: 19 August 2019
Procedural Posture: Civil / Post Directions Hearing, Interim Judgment
Outcome: Defendant's evidence admitted subject to verification; further directions for evidence and expert report; no final determination on quantum.
Legal Topics: Removal of Administrator, Accounting for Occupation, Admissibility of Evidence, Expert Evidence, Relief From Sanctions

Probate Property Civil Procedure Removal of Administrator Accounting for Occupation Admissibility of Evidence Expert Evidence Relief From Sanctions

Case Brief

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Parties

Miles Baynton-Williams

Claimant

Ashley Mark Baynton-Williams

Defendant

Procedural Posture

Civil / Post Directions Hearing, Interim Judgment

Legal Issues

1 Whether the defendant's evidence should be admitted despite late service
2 Proper valuation of rent-free occupation given disputed property condition
3 Expert's duties and approach to evidence

Ratio Decidendi

Court Disposition

Defendant's evidence admitted subject to verification; further directions for evidence and expert report; no final determination on quantum.

Orders

Defendant to formally verify statements with statement of truth.
Claimant permitted to file evidence in response regarding property condition.