Bertram v Dawes

Bertram v Dawes

A short adjournment of one week, rather than several months, is sufficient to allow both parties and their experts to review the late-disclosed photographs and prepare for trial. The interests of justice and the overriding objective are best served by proceeding with the trial on 28 November 2011, rather than deferring it to the following year, as the prejudice to the Defendant can be mitigated by the additional preparation time.

Parties
Claimant: William Bertram; Defendant: Martin Dawes
Jurisdiction
England and Wales
Judgment Date
04 November 2011
Procedural Posture
Civil (construction Dispute) / Interlocutory Application for Adjournment
Outcome
Application for adjournment granted in part (trial adjourned by one week, not several months)
Legal Topics
Adjournment of Trial, Disclosure of Evidence, Expert Evidence, Architect's Fees, Counterclaim for Defects
Civil Procedure Construction Law Adjournment of Trial Disclosure of Evidence Expert Evidence Architect's Fees Counterclaim for Defects

Case Brief

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Parties

William Bertram

Claimant

Martin Dawes

Defendant

Procedural Posture

Civil (construction Dispute) / Interlocutory Application for Adjournment

Legal Issues

  1. 1 Whether the trial should be adjourned due to late disclosure of photographs
  2. 2 Whether the parties will have sufficient time to prepare for trial given the late disclosure
  3. 3 Impact of late evidence on fairness of trial

Ratio Decidendi

A short adjournment of one week, rather than several months, is sufficient to allow both parties and their experts to review the late-disclosed photographs and prepare for trial. The interests of justice and the overriding objective are best served by proceeding with the trial on 28 November 2011, rather than deferring it to the following year, as the prejudice to the Defendant can be mitigated by the additional preparation time.

Court Disposition

Application for adjournment granted in part (trial adjourned by one week, not several months)

Orders

  • Trial start date deferred from 21 November 2011 to 28 November 2011
  • Supplementary witness statements to address photographs to be served by 11 November 2011