McKinney Plant & Safety Ltd v The Construction Industry Training Board

McKinney Plant & Safety Ltd v The Construction Industry Training Board

The Claimant breached PD 57AC in its witness statement, acknowledged non-compliance, and is permitted to file an amended statement subject to proper cross-referencing and provision of document lists; costs are awarded to the Defendant on the indemnity basis due to the seriousness of the breach and the Claimant's failure to engage.

Parties
Claimant: McKinney Plant & Safety Ltd; Defendant: The Construction Industry Training Board
Jurisdiction
England and Wales
Judgment Date
20 September 2022
Procedural Posture
Civil / Pre Trial Review (ptr) and Procedural Order
Outcome
Claimant granted permission to file amended witness statement; Defendant awarded indemnity costs.
Legal Topics
Witness Statement Compliance, Relief From Sanctions, Costs Assessment
Civil Procedure Witness Statement Compliance Relief From Sanctions Costs Assessment

Case Brief

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Parties

McKinney Plant & Safety Ltd

Claimant

The Construction Industry Training Board

Defendant

Procedural Posture

Civil / Pre Trial Review (ptr) and Procedural Order

Legal Issues

  1. 1 Whether the supplemental witness statement (McKinney 2) complied with PD 57AC
  2. 2 Whether relief from sanctions should be granted for non-compliance
  3. 3 Whether costs should be awarded on the indemnity basis

Ratio Decidendi

The Claimant breached PD 57AC in its witness statement, acknowledged non-compliance, and is permitted to file an amended statement subject to proper cross-referencing and provision of document lists; costs are awarded to the Defendant on the indemnity basis due to the seriousness of the breach and the Claimant's failure to engage.

Court Disposition

Claimant granted permission to file amended witness statement; Defendant awarded indemnity costs.

Orders

  • Claimant to file amended Supplemental Witness Statement of Michael McKinney (McKinney 2.1) by 21 September 2022, cross-referenced to all relied documents and with a list of documents referred to in preparation.
  • Claimant to provide Defendant a comparison between McKinney 2 and McKinney 2.1, to be included in the trial bundle.