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 may not rely on documents not included in their individual list served by 30 June 2017 without obtaining relief from sanctions under CPR Rule 3.9. The relevant orders required each Test Claimant to identify documents relied upon, and non-compliance triggers the sanction that such documents cannot be adduced without court permission.

Citation
[2018] EWHC 605 (QB)
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; preliminary issue determined against Claimants.
Legal Topics
Adducing Evidence, Relief From Sanctions, Interpretation of Court Orders, Case Management
Civil Procedure Adducing Evidence Relief From Sanctions Interpretation of Court Orders Case Management

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 included in individual Test Claimant lists served by 30 June 2017 without relief from sanctions
  2. 2 Proper interpretation of orders dated 31 March 2017, 30 June 2017, and 28 November 2017 regarding adducing documents

Ratio Decidendi

A Test Claimant may not rely on documents not included in their individual list served by 30 June 2017 without obtaining relief from sanctions under CPR Rule 3.9. The relevant orders required each Test Claimant to identify documents relied upon, and non-compliance triggers the sanction that such documents cannot be adduced without court permission.

Court Disposition

Application dismissed in part; preliminary issue determined against Claimants.

Orders

  • Claimants require relief from sanctions under CPR Rule 3.9 to rely on documents not included in individual Test Claimant lists served by 30 June 2017.