Devon & Cornwall Autistic Community Trust (t/a Spectrum) v Cornwall Council [2015] EWHC 129 (QB) (29 January 2015)

Devon & Cornwall Autistic Community Trust (t/a Spectrum) v Cornwall Council [2015] EWHC 129 (QB) (29 January 2015)

Relief from sanctions was granted in part: the trial date would not be vacated, but the claimant was permitted to serve witness statements within a tight timetable, subject to an unless order. The breach was serious and inadequately explained, but proportionality and the interests of justice required allowing the claimant to present its case, provided strict compliance with the new timetable.

Citation
[2015] EWHC 129 (QB)
Parties
Claimant: Devon & Cornwall Autistic Community Trust (a company limited by guarantee) trading as Spectrum; Defendant: Cornwall Council
Jurisdiction
England and Wales
Judgment Date
29 January 2015
Procedural Posture
Civil / Interlocutory Application for Relief From Sanctions and to Vacate Trial Date
Outcome
Application granted in part
Legal Topics
Relief From Sanctions, Late Evidence, Case Management, Compliance With Court Orders, Legal Privilege
Civil Procedure Relief From Sanctions Late Evidence Case Management Compliance With Court Orders Legal Privilege

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Parties

Devon & Cornwall Autistic Community Trust (a company limited by guarantee) trading as Spectrum

Claimant

Cornwall Council

Defendant

Procedural Posture

Civil / Interlocutory Application for Relief From Sanctions and to Vacate Trial Date

Legal Issues

  1. 1 Whether the claimant should be granted relief from sanctions for failure to serve witness statements on time
  2. 2 Whether the trial date should be vacated to allow the claimant to prepare evidence
  3. 3 What constitutes a good reason for default under CPR 3.9

Ratio Decidendi

Relief from sanctions was granted in part: the trial date would not be vacated, but the claimant was permitted to serve witness statements within a tight timetable, subject to an unless order. The breach was serious and inadequately explained, but proportionality and the interests of justice required allowing the claimant to present its case, provided strict compliance with the new timetable.

Court Disposition

Application granted in part

Orders

  • Trial date not vacated
  • Claimant permitted to serve witness statements within a tight timetable, subject to an unless order prohibiting reliance on witness evidence at trial if not complied with