McTear & Anor v Englehard & Ors [2014] EWHC 722 (Ch) (14 March 2014)

McTear & Anor v Englehard & Ors [2014] EWHC 722 (Ch) (14 March 2014)

The Defendants' defaults in disclosure and service of witness statements were not trivial, no good reason was provided, and the conduct was contrary to the overriding objective and procedural discipline required by the CPR. Relief from sanctions was refused, permission to rely on late documents and evidence was denied, and permission to amend the Defence was refused. The Claimants' application to strike out the Defence was not granted, but the Defendants were precluded from relying on the late material.

Citation
[2014] EWHC 722 (Ch)
Parties
Claimant: Andrew Ian McTear; Claimant: Christopher Kenneth Williams; Defendant: Michael Conrad Englehard; Defendant: Maria Elizabeth Risby; Defendant: Anna Marie Englehard; Defendant: Sylvia Patricia Englehard; Defendant: Natasha Risby; Defendant: Anna Marie Englehard as the personal representative of Paul Siegfried Englehard (deceased); Defendant: Englehard Holdings Limited
Jurisdiction
England and Wales
Judgment Date
14 March 2014
Procedural Posture
Civil (chancery Division) / Interlocutory Applications at Trial Commencement
Outcome
Defendants refused relief from sanctions; late documents, evidence, and amendments not permitted; Defence not struck out but limited to previously served material.
Legal Topics
Relief From Sanctions, Disclosure Obligations, Late Amendments, Fiduciary Duties, Strike Out Applications
Civil Procedure Insolvency Company Law Relief From Sanctions Disclosure Obligations Late Amendments Fiduciary Duties Strike Out Applications

Case Brief

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Parties

Andrew Ian McTear

Claimant

Christopher Kenneth Williams

Claimant

Michael Conrad Englehard

Defendant

Maria Elizabeth Risby

Defendant

Anna Marie Englehard

Defendant

Sylvia Patricia Englehard

Defendant

Natasha Risby

Defendant

Anna Marie Englehard as the personal representative of Paul Siegfried Englehard (deceased)

Defendant

Englehard Holdings Limited

Defendant

Procedural Posture

Civil (chancery Division) / Interlocutory Applications at Trial Commencement

Legal Issues

  1. 1 Whether the Defendants should be granted relief from sanctions for late disclosure and late service of witness statements under CPR 3.9 and 32.10
  2. 2 Whether the Defendants should be permitted to rely on documents and evidence served late and not previously disclosed
  3. 3 Whether the Defendants should be permitted to amend their Defence at a late stage

Ratio Decidendi

The Defendants' defaults in disclosure and service of witness statements were not trivial, no good reason was provided, and the conduct was contrary to the overriding objective and procedural discipline required by the CPR. Relief from sanctions was refused, permission to rely on late documents and evidence was denied, and permission to amend the Defence was refused. The Claimants' application to strike out the Defence was not granted, but the Defendants were precluded from relying on the late material.

Court Disposition

Defendants refused relief from sanctions; late documents, evidence, and amendments not permitted; Defence not struck out but limited to previously served material.

Orders

  • Defendants refused relief from sanctions for late disclosure and late service of witness statements.
  • Defendants refused permission to rely on late documents and evidence.