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

The application is refused because the Claimants failed to explain what steps they took to discover the book earlier, did not clarify the relevance or prejudice, and did not particularise any conflict between the book and Mr Milbank's evidence. The timing of the application was not prompt, and admitting the evidence would disrupt the already lengthy proceedings. The overriding objective and relevant factors weigh against granting permission.

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

Civil Procedure Disclosure of Documents 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 Amounts and remedies 1

Parties

Kimathi & ors

Claimants

Foreign And Commonwealth Office

Defendant

Procedural Posture

Civil / Interlocutory Application for Permission to Adduce Evidence

Legal Issues

1 Whether the Claimants should be granted permission to adduce chapters from 'Scrambled Africa' by Mark Milbank as evidence in the proceedings

Ratio Decidendi

Court Disposition

Application refused

Orders

Permission to adduce chapters 3, 4, 5, 6 and 9 of 'Scrambled Africa' by Mark Milbank as evidence is denied.