Tibbs v Tibbs & Anor [2020] EWHC 1853 (Ch) (19 February 2020)

Tibbs v Tibbs & Anor [2020] EWHC 1853 (Ch) (19 February 2020)

Permission is granted to adduce the late witness statement and signed documents because, despite the serious and unexplained breach, the prejudice to the defendants is limited, the documents are fundamental to the issues, and justice requires their admission under the Denton principles and the court's discretion.

Citation
[2020] EWHC 1853 (Ch)
Parties
Claimant: Mr John Tibbs; Defendant: Mr Robert Tibbs; Defendant: Ms Ann Lesley Tibbs
Jurisdiction
England and Wales
Judgment Date
19 February 2020
Procedural Posture
Inquiry and Account (chancery Division) / Mid Trial Application for Permission to Adduce Late Evidence
Outcome
Application granted
Legal Topics
Disclosure of Documents, Relief From Sanctions, Admissibility of Evidence, Overriding Objective, Mortgage/charge Documentation
Civil Procedure Property Law Disclosure of Documents Relief From Sanctions Admissibility of Evidence Overriding Objective Mortgage/charge Documentation

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Parties

Mr John Tibbs

Claimant

Mr Robert Tibbs

Defendant

Ms Ann Lesley Tibbs

Defendant

Procedural Posture

Inquiry and Account (chancery Division) / Mid Trial Application for Permission to Adduce Late Evidence

Legal Issues

  1. 1 Whether to grant permission to rely on late evidence (signed facility letter and all-moneys charge)
  2. 2 Whether relief from sanctions is required for late disclosure
  3. 3 Whether the late evidence causes prejudice to the defendants

Ratio Decidendi

Permission is granted to adduce the late witness statement and signed documents because, despite the serious and unexplained breach, the prejudice to the defendants is limited, the documents are fundamental to the issues, and justice requires their admission under the Denton principles and the court's discretion.

Court Disposition

Application granted

Orders

  • Permission granted to rely on the third witness statement of Jason Ferrando and the signed facility letter and all-moneys charge as evidence.
  • Documents to be added by way of a supplementary list.