Kimathi & Ors v Foreign and Commonwealth Office

Kimathi & Ors v Foreign and Commonwealth Office

The Orders of 31 March 2017 and 30 June 2017, read together, required that each Test Claimant could only rely on documents identified on their individual list served by 30 June 2017. Any document not on such a list cannot be relied upon without relief from sanctions under CPR Rule 3.9. The subsequent Order of 28 November 2017 did not vary this requirement or sanction.

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 on individual lists.
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 the Claimants can rely on documents not included in the individual Test Claimant lists served by 30 June 2017 without relief from sanctions
  2. 2 Proper interpretation of the Orders dated 31 March 2017, 30 June 2017, and 28 November 2017 regarding adducing documents

Ratio Decidendi

The Orders of 31 March 2017 and 30 June 2017, read together, required that each Test Claimant could only rely on documents identified on their individual list served by 30 June 2017. Any document not on such a list cannot be relied upon without relief from sanctions under CPR Rule 3.9. The subsequent Order of 28 November 2017 did not vary this requirement or sanction.

Court Disposition

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

Orders

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