Kimathi & Ors v Foreign and Commonwealth Office [2017] EWHC 3054 (QB) (28 November 2017)

Kimathi & Ors v Foreign and Commonwealth Office [2017] EWHC 3054 (QB) (28 November 2017)

Application refused because the relevance of the book is unclear, no specific prejudice is identified, Claimants could have discovered the book earlier, inconsistent evidence as to when Claimants became aware of the book, and admitting the book would disrupt the trial timetable without sufficient justification. The overriding objective and guidance from McTear require refusal.

Citation
[2017] EWHC 3054 (QB)
Parties
Claimants: Kimathi & ors; Defendant: Foreign And Commonwealth Office
Jurisdiction
England and Wales
Judgment Date
28 November 2017
Procedural Posture
Application / Interlocutory
Outcome
Application refused
Legal Topics
Disclosure, Admissibility of Evidence, Late Evidence, Overriding Objective
Civil Procedure Disclosure Admissibility of Evidence Late Evidence Overriding Objective

Case Brief

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Parties

Kimathi & ors

Claimants

Foreign And Commonwealth Office

Defendant

Procedural Posture

Application / Interlocutory

Legal Issues

  1. 1 Whether Claimants should be permitted to adduce chapters from 'Scrambled Africa' by Mark Milbank as evidence
  2. 2 Whether the Defendant was obliged to disclose the book under the disclosure order
  3. 3 Relevance and potential prejudice of admitting the book

Ratio Decidendi

Application refused because the relevance of the book is unclear, no specific prejudice is identified, Claimants could have discovered the book earlier, inconsistent evidence as to when Claimants became aware of the book, and admitting the book would disrupt the trial timetable without sufficient justification. The overriding objective and guidance from McTear require refusal.

Court Disposition

Application refused