Manchester Airport PLC & Anor v Radisson Hotel Manchester Ltd & Anor

Manchester Airport PLC & Anor v Radisson Hotel Manchester Ltd & Anor

The application to rely on Mr Coburn's witness statement is refused because the failure to serve it in time was serious and significant, there was no satisfactory explanation for the default, and admitting it would prejudice the Claimants and undermine efficient case management.

Parties
Claimant: Manchester Airport PLC; Claimant: MAG Investment Assets Limited; Defendant: Radisson Hotel Manchester Ltd; Defendant: Union Investment Real Estate GmbH
Jurisdiction
England and Wales
Judgment Date
23 November 2020
Procedural Posture
Civil / Interlocutory Application (permission to Rely on Late Witness Statement)
Outcome
Application refused
Legal Topics
Relief From Sanctions, Late Service of Witness Statements, Case Management
Civil Procedure Relief From Sanctions Late Service of Witness Statements Case Management

Case Brief

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Parties

Manchester Airport PLC

Claimant

MAG Investment Assets Limited

Claimant

Radisson Hotel Manchester Ltd

Defendant

Union Investment Real Estate GmbH

Defendant

Procedural Posture

Civil / Interlocutory Application (permission to Rely on Late Witness Statement)

Legal Issues

  1. 1 Whether the First Defendant should be granted permission to rely on the witness statement of Richard Coburn served out of time
  2. 2 Whether the Denton principles for relief from sanctions apply

Ratio Decidendi

The application to rely on Mr Coburn's witness statement is refused because the failure to serve it in time was serious and significant, there was no satisfactory explanation for the default, and admitting it would prejudice the Claimants and undermine efficient case management.

Court Disposition

Application refused

Orders

  • Permission to rely on Mr Coburn's witness statement is refused.
  • Permission to rely on Mr Sadr-Hashemi's second witness statement is granted, with costs of this part of the application to be Claimants’ costs in the case.