LIBYAN INVESTMENT AUTHORITY & Ors v ROGER KING & Ors

LIBYAN INVESTMENT AUTHORITY & Ors v ROGER KING & Ors

Permission to rely on Mr Elliott's late witness statement is granted because, although the delay was serious and significant, the claimants provided a reasonable and credible explanation for the timing, acted promptly once the evidence was identified, and there is no specific prejudice to the defendants or disruption to the trial. The Denton principles are satisfied in all the circumstances.

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 / Pre Trial Review (ptr), Application for Permission to Rely on Late Witness Statement
Outcome
application granted
Legal Topics
Relief From Sanctions, Admission of Late Evidence, Witness Statements, Joint Venture Disputes
Civil Procedure Commercial Law Relief From Sanctions Admission of Late Evidence Witness Statements Joint Venture Disputes

Case Brief

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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 / 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 the late witness statement of Mr Ian Elliott under CPR 32.10
  2. 2 Whether the Denton principles for relief from sanctions apply and are satisfied
  3. 3 Whether the claimants provided a reasonable explanation for the delay in serving the witness statement

Ratio Decidendi

Permission to rely on Mr Elliott's late witness statement is granted because, although the delay was serious and significant, the claimants provided a reasonable and credible explanation for the timing, acted promptly once the evidence was identified, and there is no specific prejudice to the defendants or disruption to the trial. The Denton principles are satisfied in all the circumstances.

Court Disposition

application granted

Orders

  • Permission granted for the claimants to rely on the witness statement of Mr Ian Elliott.
  • Defendants to pay the claimants' costs of the application, summarily assessed at £15,000.