Chartwell Estate Agents Ltd v Fergies Properties SA & Anor

Chartwell Estate Agents Ltd v Fergies Properties SA & Anor

Relief from sanction and extension of time for exchange of witness statements are granted to both parties because default occurred on both sides, trial date can be maintained, and no significant additional costs arise; refusal would be unjust and disproportionate.

Parties
Claimant: Chartwell Estate Agents Ltd; Defendant: Fergies Properties SA; Defendant: Hyam Lehrer
Jurisdiction
England and Wales
Judgment Date
18 February 2014
Procedural Posture
Civil / Interlocutory Application
Outcome
Relief from sanction and extension of time granted; permission for supplementary witness statements limited to further developments or documents produced after new deadline; no order as to costs; application to amend cost budget refused.
Legal Topics
Relief From Sanctions, Extension of Time, Witness Statements, Cost Budgeting
Civil Procedure Relief From Sanctions Extension of Time Witness Statements Cost Budgeting

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Parties

Chartwell Estate Agents Ltd

Claimant

Fergies Properties SA

Defendant

Hyam Lehrer

Defendant

Procedural Posture

Civil / Interlocutory Application

Legal Issues

  1. 1 Whether relief from sanction should be granted for failure to serve witness statements by the deadline
  2. 2 Whether extension of time for exchange of witness statements should be allowed
  3. 3 Whether permission to amend cost budget should be granted

Ratio Decidendi

Relief from sanction and extension of time for exchange of witness statements are granted to both parties because default occurred on both sides, trial date can be maintained, and no significant additional costs arise; refusal would be unjust and disproportionate.

Court Disposition

Relief from sanction and extension of time granted; permission for supplementary witness statements limited to further developments or documents produced after new deadline; no order as to costs; application to amend cost budget refused.

Orders

  • Both parties to exchange witness statements within 7 days
  • Permission granted for supplementary witness statements limited to further developments or documents produced after new deadline