Devon & Cornwall Autistic Community Trust (t/a Spectrum) v Cornwall Council

Relief from sanctions was granted in part: the trial date will not be vacated, but the Claimant is permitted to serve witness statements within a tight timetable, backed by an unless order, due to the seriousness of the breach, lack of adequate explanation, and the need for proportionality and fair trial.

Parties: Claimant: Devon & Cornwall Autistic Community Trust 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, Compliance With Court Orders, Adjournment of Trial, Legal Privilege

Civil Procedure Relief From Sanctions Late Evidence Compliance With Court Orders Adjournment of Trial Legal Privilege

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Parties

Devon & Cornwall Autistic Community Trust trading as Spectrum

Claimant

Cornwall Council

Defendant

Procedural Posture

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

Legal Issues

1 Whether the Claimant should be granted relief from sanctions for failure to serve witness statements on time
2 Whether the trial date should be vacated
3 Whether the Claimant should be permitted to serve witness statements out of time

Ratio Decidendi

Court Disposition

Application granted in part

Orders

Trial date will not be vacated
Claimant permitted to serve witness statements within a tight timetable, subject to an unless order