Tibbs v Tibbs & Anor

Permission is granted to adduce the late witness statement and signed documents because, despite the serious and unexplained breach, the documents are fundamental to the case, the prejudice to the defendants is limited mainly to wasted time, and justice requires their admission.

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: Permission granted to rely on late evidence
Legal Topics: Disclosure of Documents, Relief From Sanctions, Admissibility of Evidence, Trial Procedure

Civil Procedure Property Law Disclosure of Documents Relief From Sanctions Admissibility of Evidence Trial Procedure

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 3 Party arguments 2

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 Whether to grant permission to rely on a late witness statement and signed documents not previously disclosed
2 Whether relief from sanctions is required for late disclosure of evidence

Ratio Decidendi

Court Disposition

Permission granted to rely on late evidence

Orders

Permission granted for the witness statement of Mr Ferrando to be adduced in evidence
Permission granted for the signed facility letter and all-moneys charge to be added by way of a supplementary list