PRIMAVERA ASSOCIATES LIMITED v HERTSMERE BOROUGH COUNCIL

PRIMAVERA ASSOCIATES LIMITED v HERTSMERE BOROUGH COUNCIL

The court found that specified paragraphs of the claimant's witness statement were non-compliant with Practice Direction 57AC as they consisted of narrative derived from documents, argument, or matters outside the witness's personal knowledge, and ordered those paragraphs struck out. The burden was on the defendant to prove non-compliance for each challenged paragraph.

Parties
Claimant: Primavera Associates Limited; Defendant: Hertsmere Borough Council
Jurisdiction
England and Wales
Judgment Date
25 May 2022
Procedural Posture
Civil (negligence) / Pre Trial Review; Application to Strike Out Witness Statement
Outcome
Application granted in part
Legal Topics
Witness Statements, Practice Direction 57 AC, Admissibility of Evidence, Striking Out Pleadings
Civil Procedure Evidence Witness Statements Practice Direction 57 AC Admissibility of Evidence Striking Out Pleadings

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 3 Authorities cited 9 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Primavera Associates Limited

Claimant

Hertsmere Borough Council

Defendant

Procedural Posture

Civil (negligence) / Pre Trial Review; Application to Strike Out Witness Statement

Legal Issues

  1. 1 Whether the claimant's witness statement complies with Practice Direction 57AC
  2. 2 Whether specific paragraphs of the witness statement should be struck out for non-compliance

Ratio Decidendi

The court found that specified paragraphs of the claimant's witness statement were non-compliant with Practice Direction 57AC as they consisted of narrative derived from documents, argument, or matters outside the witness's personal knowledge, and ordered those paragraphs struck out. The burden was on the defendant to prove non-compliance for each challenged paragraph.

Court Disposition

Application granted in part

Orders

  • Paragraphs 19, 32, 34, 36 (part), 44, 47, 53 (part), 61, 63, 66 (part), and 67 (part) of Mr Down’s witness statement are struck out.
  • Parties to provide an agreed minute of order for approval.