Damage Control Plc & Anor v Benson [2008] EWHC 2336 (Ch) (12 March 2008)

Damage Control Plc & Anor v Benson [2008] EWHC 2336 (Ch) (12 March 2008)

The trial judge's discretion under CPR 29.9 to depart from previous orders is subject to the same constraints as CPR 3.17; it cannot be exercised merely because the evidence is important or the applicant is dissatisfied, but only where there is a material change of circumstances or other exceptional justification. No such change existed here, so the renewed application to adduce expert evidence was properly refused.

Citation
[2008] EWHC 2336 (Ch)
Parties
Appellant: Damage Control PLC; Appellant: The Secretary of State for Business Enterprise & Regulatory Reform; Respondent: Benson
Jurisdiction
England and Wales
Judgment Date
12 March 2008
Procedural Posture
Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Director Disqualification, Expert Evidence, Case Management, Variation of Court Orders
Company Law Insolvency Law Civil Procedure Director Disqualification Expert Evidence Case Management Variation of Court Orders

Case Brief

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Parties

Damage Control PLC

Appellant

The Secretary of State for Business Enterprise & Regulatory Reform

Appellant

Benson

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the trial judge can permit expert evidence previously refused by another judge without a material change of circumstances
  2. 2 Proper exercise of discretion under CPR 29.9 and CPR 3.17 regarding previous orders

Ratio Decidendi

The trial judge's discretion under CPR 29.9 to depart from previous orders is subject to the same constraints as CPR 3.17; it cannot be exercised merely because the evidence is important or the applicant is dissatisfied, but only where there is a material change of circumstances or other exceptional justification. No such change existed here, so the renewed application to adduce expert evidence was properly refused.

Court Disposition

appeal dismissed

Orders

  • Appeal from refusal to admit expert evidence dismissed
  • No permission granted to adduce expert evidence at trial