Libyan Investment Authority & Ors v King & Ors [2022] EWHC 2633 (Ch) (21 September 2022)

Libyan Investment Authority & Ors v King & Ors [2022] EWHC 2633 (Ch) (21 September 2022)

The delay in serving the witness statement was serious and significant, but the claimants provided a reasonable explanation for the delay, acted promptly once the need for the evidence became apparent, and there was no blameworthy default. The evidence is material, the defendants suffer no specific prejudice, and justice requires the evidence be admitted. Permission is granted to rely on Mr Elliott's witness statement.

Citation
[2022] EWHC 2633 (Ch)
Parties
Claimant: Libyan Investment Authority; Claimant: LIA Advisory Services (UK) Limited; Claimant: Maplecross Holdings Investment Company Limited; Defendant: Roger King; Defendant: International Group Limited; Defendant: Beeson Property Investments Limited; Defendant: Stoke Park Estates (formerly known as Beeson Investments); Defendant: Charles Merry; Defendant: Conrad Strategic Partners Limited
Jurisdiction
England and Wales
Judgment Date
21 September 2022
Procedural Posture
Civil Commercial / Pre Trial Review (ptr); Application for Permission to Rely on Late Witness Statement
Outcome
Application granted; permission to rely on Mr Elliott's witness statement is given.
Legal Topics
Relief From Sanctions, Late Witness Evidence, Joint Venture Disputes, Valuation Misrepresentation, Disclosure Obligations
Civil Procedure Commercial Law Relief From Sanctions Late Witness Evidence Joint Venture Disputes Valuation Misrepresentation Disclosure Obligations

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Parties

Libyan Investment Authority

Claimant

LIA Advisory Services (UK) Limited

Claimant

Maplecross Holdings Investment Company Limited

Claimant

Roger King

Defendant

International Group Limited

Defendant

Beeson Property Investments Limited

Defendant

Stoke Park Estates (formerly known as Beeson Investments)

Defendant

Charles Merry

Defendant

Conrad Strategic Partners Limited

Defendant

Procedural Posture

Civil Commercial / Pre Trial Review (ptr); Application for Permission to Rely on Late Witness Statement

Legal Issues

  1. 1 Whether permission should be granted to rely on a late witness statement under CPR 32.10
  2. 2 Whether the Denton principles for relief from sanctions apply to late witness evidence
  3. 3 Whether the claimants had a reasonable explanation for the delay in serving the witness statement

Ratio Decidendi

The delay in serving the witness statement was serious and significant, but the claimants provided a reasonable explanation for the delay, acted promptly once the need for the evidence became apparent, and there was no blameworthy default. The evidence is material, the defendants suffer no specific prejudice, and justice requires the evidence be admitted. Permission is granted to rely on Mr Elliott's witness statement.

Court Disposition

Application granted; permission to rely on Mr Elliott's witness statement is given.

Orders

  • Defendants to pay claimants' costs of the application, summarily assessed at £15,000.