McTear & Anor v Engelhard & Ors (Rev 1)

McTear & Anor v Engelhard & Ors (Rev 1)

The judge erred in treating the late service of witness statements and documents as a serious breach justifying exclusion of the defendants' evidence. The breaches were not serious or significant, there was some explanation, and the documents were of limited relevance and likely already in the claimants' possession. Excluding the evidence was disproportionate and resulted in an unfair trial. Relief from sanctions should have been granted, and a re-trial is necessary.

Parties
Claimant/respondent: Andrew Ian McTear; Claimant/respondent: Christopher Kenneth Williams; Defendant/appellant: Michael Conrad Engelhard; Defendant: Maria Elizabeth Risby; Defendant/appellant: Anna Marie Engelhard; Defendant/appellant: Sylvia Patricia Engelhard; Defendant: Natasha Risby; Defendant/appellant: Anna Marie Engelhard (as personal representative of Paul Siegfried Engelhard deceased); Defendant/appellant: Engelhard Holdings Limited
Jurisdiction
England and Wales
Judgment Date
24 May 2016
Procedural Posture
Civil Appeal / Appeal From High Court Judgment on Relief From Sanctions and Substantive Trial Issues
Outcome
Appeal allowed; High Court judgment set aside; re-trial ordered
Legal Topics
Relief From Sanctions, Disclosure of Documents, Witness Statements, Breach of Fiduciary Duty, Voidable Preference, Set Off, Estoppel
Civil Procedure Insolvency Law Company Law Relief From Sanctions Disclosure of Documents Witness Statements Breach of Fiduciary Duty Voidable Preference +2 more

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Parties

Andrew Ian McTear

Claimant/respondent

Christopher Kenneth Williams

Claimant/respondent

Michael Conrad Engelhard

Defendant/appellant

Maria Elizabeth Risby

Defendant

Anna Marie Engelhard

Defendant/appellant

Sylvia Patricia Engelhard

Defendant/appellant

Natasha Risby

Defendant

Anna Marie Engelhard (as personal representative of Paul Siegfried Engelhard deceased)

Defendant/appellant

Engelhard Holdings Limited

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From High Court Judgment on Relief From Sanctions and Substantive Trial Issues

Legal Issues

  1. 1 Whether the judge properly excluded the defendants' oral evidence due to late service of witness statements and documents
  2. 2 Whether the judge correctly refused relief from sanctions for late disclosure and service
  3. 3 Whether the judge erred in refusing permission to re-amend the defence

Ratio Decidendi

The judge erred in treating the late service of witness statements and documents as a serious breach justifying exclusion of the defendants' evidence. The breaches were not serious or significant, there was some explanation, and the documents were of limited relevance and likely already in the claimants' possession. Excluding the evidence was disproportionate and resulted in an unfair trial. Relief from sanctions should have been granted, and a re-trial is necessary.

Court Disposition

Appeal allowed; High Court judgment set aside; re-trial ordered

Orders

  • Defendants permitted to call the evidence of Michael, Sylvia, and Mr Scarlett
  • Defendants permitted to rely on the new documents