Kimathi & Ors v Foreign and Commonwealth Office

Kimathi & Ors v Foreign and Commonwealth Office

The application to adduce chapters from 'Scrambled Africa' is refused because the book is not clearly relevant to the issues, no specific prejudice is identified, the Claimants could have discovered and raised the book earlier, and admitting it would disrupt the trial timetable. The disclosure order does not require the Defendant to disclose such documents unless relied upon, and the overriding objective weighs against admission.

Parties
Claimants: Kimathi & ors; Defendant: Foreign And Commonwealth Office
Jurisdiction
England and Wales
Judgment Date
28 November 2017
Procedural Posture
Civil / Interlocutory Application Ruling
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

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 5 Party arguments 2
Sign in to unlock

Parties

Kimathi & ors

Claimants

Foreign And Commonwealth Office

Defendant

Procedural Posture

Civil / Interlocutory Application Ruling

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 prejudice of admitting the book

Ratio Decidendi

The application to adduce chapters from 'Scrambled Africa' is refused because the book is not clearly relevant to the issues, no specific prejudice is identified, the Claimants could have discovered and raised the book earlier, and admitting it would disrupt the trial timetable. The disclosure order does not require the Defendant to disclose such documents unless relied upon, and the overriding objective weighs against admission.

Court Disposition

Application refused