Bates & Ors v Post Office Ltd (No 2)

Bates & Ors v Post Office Ltd (No 2)

The defendant failed to satisfy the heavy burden required to strike out evidence at the interlocutory stage. The challenged evidence may be relevant or sufficiently helpful to the Common Issues, particularly given the nature of group litigation, the pleaded issues, and the defendant's own evidence and pleadings. The...

Source-derived case information.

Parties
Claimant: Alan Bates and Others; Defendant: Post Office Limited
Jurisdiction
England and Wales
Judgment Date
17 October 2018
Procedural Posture
Civil Group Litigation / Interlocutory Application (application to Strike Out Evidence)
Outcome
Application dismissed
Legal Topics
Admissibility of Evidence, Group Litigation Orders, Contractual Construction, Agency Principles, Burden of Proof
Civil Procedure Contract Law Agency Law Admissibility of Evidence Group Litigation Orders Contractual Construction Agency Principles Burden of Proof

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Parties

Alan Bates and Others

Claimant

Post Office Limited

Defendant

Procedural Posture

Civil Group Litigation / Interlocutory Application (application to Strike Out Evidence)

Legal Issues

  1. 1 Whether large passages of claimants' witness statements should be struck out as irrelevant to the Common Issues trial
  2. 2 Whether the challenged evidence is admissible and relevant to the Common Issues
  3. 3 Whether the evidence should be excluded on grounds of proportionality, fairness, or case management

Ratio Decidendi

The defendant failed to satisfy the heavy burden required to strike out evidence at the interlocutory stage. The challenged evidence may be relevant or sufficiently helpful to the Common Issues, particularly given the nature of group litigation, the pleaded issues, and the defendant's own evidence and pleadings. The application to strike out is dismissed.

Court Disposition

Application dismissed

Orders

  • The defendant's application to strike out passages of the claimants' evidence is dismissed.
  • Costs arguments to be dealt with at the first hearing day of the trial.