Tinkler & Anor v Elliott [2011] EWCA Civ 1817 (07 July 2011)

Tinkler & Anor v Elliott [2011] EWCA Civ 1817 (07 July 2011)

There was no justification for vacating the trial date as all necessary documents had been served and the case was ready for trial; the respondent's desire for further disclosure or representation did not warrant delay.

Source-derived case information.

Citation
[2011] EWCA Civ 1817
Parties
Appellants: Tinkler & Anr; Respondent: Elliott
Jurisdiction
England and Wales
Judgment Date
07 July 2011
Procedural Posture
Civil Appeal / Appeal From Order Vacating Trial Date and Converting to Directions Hearing
Outcome
Appeal allowed in part
Legal Topics
Vacation of Trial Date, Committal Proceedings, Civil Restraint Orders, Disclosure, Right to Fair Trial
Civil Procedure Injunctions Contempt of Court Vacation of Trial Date Committal Proceedings Civil Restraint Orders Disclosure Right to Fair Trial

Source-derived case record

Summary, issues, holding and outcome

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Parties

Tinkler & Anr

Appellants

Elliott

Respondent

Procedural Posture

Civil Appeal / Appeal From Order Vacating Trial Date and Converting to Directions Hearing

Legal Issues

  1. 1 Whether the judge was justified in vacating the trial date and converting it to a directions hearing
  2. 2 Whether the respondent was prejudiced by lack of clarity in the claimant's evidence
  3. 3 Whether further disclosure was necessary before trial

Ratio Decidendi

There was no justification for vacating the trial date as all necessary documents had been served and the case was ready for trial; the respondent's desire for further disclosure or representation did not warrant delay.

Court Disposition

Appeal allowed in part

Orders

  • Paragraph 1 of the judge's order (vacating trial date) quashed; trial date of 27 July restored
  • Respondent may pursue third-party disclosure applications but must do so promptly and without delaying trial