Kimathi & Ors v Foreign and Commonwealth Office [2018] EWHC 605 (QB) (20 March 2018)

Kimathi & Ors v Foreign and Commonwealth Office [2018] EWHC 605 (QB) (20 March 2018)

A Test Claimant cannot rely on documents not listed for them in the individual Test Claimant lists served by 30 June 2017 unless relief from sanctions is granted under CPR Rule 3.9. The relevant orders required each Test Claimant to identify the documents on which they rely, and the sanction for non-compliance applies. The orders do not permit reliance on documents listed only for other Test Claimants or not listed at all.

Citation
[2018] EWHC 605
Parties
Claimants: Kimathi & ors; Defendant: Foreign And Commonwealth Office
Jurisdiction
England and Wales
Judgment Date
20 March 2018
Procedural Posture
Civil / Interlocutory Application Ruling
Outcome
Application dismissed in part; Claimants require relief from sanctions to rely on documents not listed for individual Test Claimants.
Legal Topics
Adducing Evidence, Relief From Sanctions, Interpretation of Court Orders
Civil Procedure Adducing Evidence Relief From Sanctions Interpretation of Court Orders

Case Brief

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Parties

Kimathi & ors

Claimants

Foreign And Commonwealth Office

Defendant

Procedural Posture

Civil / Interlocutory Application Ruling

Legal Issues

  1. 1 Whether Claimants can rely on documents not listed in individual Test Claimant lists served by 30 June 2017 without relief from sanctions
  2. 2 Interpretation of previous court orders regarding document lists and adducing evidence

Ratio Decidendi

A Test Claimant cannot rely on documents not listed for them in the individual Test Claimant lists served by 30 June 2017 unless relief from sanctions is granted under CPR Rule 3.9. The relevant orders required each Test Claimant to identify the documents on which they rely, and the sanction for non-compliance applies. The orders do not permit reliance on documents listed only for other Test Claimants or not listed at all.

Court Disposition

Application dismissed in part; Claimants require relief from sanctions to rely on documents not listed for individual Test Claimants.

Orders

  • Claimants must seek relief from sanctions under CPR Rule 3.9 to adduce documents not listed for individual Test Claimants by 30 June 2017.