Mansion Place Ltd v Fox Industrial Services Ltd [2021] EWHC 2747 (TCC) (14 October 2021)

Both parties' witness statements required limited redactions for non-compliance with Practice Direction 57AC, but wholesale revision or re-certification was not justified as procedural requirements were substantially met and any deficiencies were corrected before service.

Citation: [2021] EWHC 2747 (TCC)
Parties: Claimant: Mansion Place Limited; Defendant: Fox Industrial Services Limited
Jurisdiction: England and Wales
Judgment Date: 14 October 2021
Procedural Posture: Cross Applications Regarding Witness Statements / Pre Trial Interlocutory Hearing
Outcome: Cross applications granted in part; specified redactions ordered.
Legal Topics: Practice Direction 57 AC, Trial Witness Statements, Compliance, Redaction, Certificate of Compliance

Civil Procedure Construction Law Practice Direction 57 AC Trial Witness Statements Compliance Redaction Certificate of Compliance

Case Brief

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Full judgment text Downloadable case file Legal principles 4 Authorities cited 9 Party arguments 2 Amounts and remedies 1

Parties

Mansion Place Limited

Claimant

Fox Industrial Services Limited

Defendant

Procedural Posture

Cross Applications Regarding Witness Statements / Pre Trial Interlocutory Hearing

Legal Issues

1 Compliance with Practice Direction 57AC for trial witness statements
2 Appropriate preparation and certification of witness statements
3 Admissibility and redaction of non-compliant evidence

Ratio Decidendi

Court Disposition

Cross applications granted in part; specified redactions ordered.

Orders

Specified paragraphs in both parties' witness statements to be redacted for non-compliance with Practice Direction 57AC.
Costs to be in the case; consequential issues to be addressed at trial.