Mad Atelier International BV v Manes [2021] EWHC 1899 (Comm) (08 July 2021)

Mad Atelier International BV v Manes [2021] EWHC 1899 (Comm) (08 July 2021)

The impugned passages in the claimant's witness statements and expert report are admissible because factual witnesses with relevant experience may give opinion or hypothetical evidence relating to quantum, and Practice Direction 57AC does not alter the law of admissibility. The evidence is not inadmissible...

Source-derived case information.

Citation
[2021] EWHC 1899 (Comm)
Parties
Claimant: MAD ATELIER INTERNATIONAL BV; Defendant: MR AXEL MANES
Jurisdiction
England and Wales
Judgment Date
08 July 2021
Procedural Posture
Commercial Court Claim / Pre Trial Review; Application to Strike Out Parts of Witness Statements and Expert Report
Outcome
Application dismissed
Legal Topics
Admissibility of Evidence, Witness Statements, Expert Evidence, Practice Direction 57 AC, Quantum of Damages, Fraud
Civil Procedure Commercial Law Admissibility of Evidence Witness Statements Expert Evidence Practice Direction 57 AC Quantum of Damages Fraud

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Parties

MAD ATELIER INTERNATIONAL BV

Claimant

MR AXEL MANES

Defendant

Procedural Posture

Commercial Court Claim / Pre Trial Review; Application to Strike Out Parts of Witness Statements and Expert Report

Legal Issues

  1. 1 Whether passages in claimant's witness statements and expert report are inadmissible under Practice Direction 57AC and should be struck out
  2. 2 Whether factual witnesses may give opinion or hypothetical evidence relevant to quantum

Ratio Decidendi

The impugned passages in the claimant's witness statements and expert report are admissible because factual witnesses with relevant experience may give opinion or hypothetical evidence relating to quantum, and Practice Direction 57AC does not alter the law of admissibility. The evidence is not inadmissible commentary or expert evidence by an unqualified person, but rather factual or opinion evidence based on personal knowledge and involvement.

Court Disposition

Application dismissed

Orders

  • Application to strike out passages of claimant's witness statements and expert report is refused.