McTear & Anor v Englehard & Ors

McTear & Anor v Englehard & Ors

Relief from sanctions for late disclosure and witness statements was refused as the defaults were not trivial, no good reason was established, and Defendants' conduct disrupted trial preparation and court timetable. Permission to adduce expert evidence was refused as no leave was sought. Permission to re-amend Defence was refused due to lateness, prejudice to Claimants, and failure to discharge the heavy onus required. Strike out of the Amended Defence was refused as disproportionate, but Defendants were barred from relying on late evidence and expert evidence.

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 / Judgment on Interlocutory Applications and Trial Management
Outcome
Defendants' applications for relief from sanctions, extension of time, and permission to re-amend Defence refused; Claimants' application for strike out refused; Defendants barred from relying on late evidence and expert evidence.
Legal Topics
Relief From Sanctions, Disclosure Obligations, Expert Evidence, Amendment of Pleadings, Fiduciary Duties, Set Off, Strike Out Applications
Civil Procedure Company Law Insolvency Relief From Sanctions Disclosure Obligations Expert Evidence Amendment of Pleadings Fiduciary Duties +2 more

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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 / Judgment on Interlocutory Applications and Trial Management

Legal Issues

  1. 1 Whether relief from sanctions should be granted for late disclosure and witness statements
  2. 2 Whether Defendants should be permitted to adduce expert evidence without leave
  3. 3 Whether permission should be granted to re-amend the Defence

Ratio Decidendi

Relief from sanctions for late disclosure and witness statements was refused as the defaults were not trivial, no good reason was established, and Defendants' conduct disrupted trial preparation and court timetable. Permission to adduce expert evidence was refused as no leave was sought. Permission to re-amend Defence was refused due to lateness, prejudice to Claimants, and failure to discharge the heavy onus required. Strike out of the Amended Defence was refused as disproportionate, but Defendants were barred from relying on late evidence and expert evidence.

Court Disposition

Defendants' applications for relief from sanctions, extension of time, and permission to re-amend Defence refused; Claimants' application for strike out refused; Defendants barred from relying on late evidence and expert evidence.

Orders

  • Defendants may not rely on documents disclosed late or adduce expert evidence without leave.
  • Defendants' time for seeking permission to appeal extended until judgment hand-down.