Charles Terence Estates Ltd v The Cornwall Council

Charles Terence Estates Ltd v The Cornwall Council

The application to rely on expert evidence is refused because the evidence is not reasonably required to resolve the proceedings, is peripheral to the main issues, the delay is unjustified, and allowing it would cause significant prejudice to the claimant, either by forcing them to proceed at a disadvantage or seek an adjournment, contrary to the overriding objective.

Parties
Claimant: Charles Terence Estates Limited; Defendant: The Cornwall Council
Jurisdiction
England and Wales
Judgment Date
28 June 2011
Procedural Posture
Civil / Interlocutory Application (permission to Adduce Expert Evidence)
Outcome
Application refused
Legal Topics
Late Applications, Expert Evidence, Overriding Objective, Trial Preparation
Civil Procedure Late Applications Expert Evidence Overriding Objective Trial Preparation

Case Brief

Summary, issues, holding and outcome

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Parties

Charles Terence Estates Limited

Claimant

The Cornwall Council

Defendant

Procedural Posture

Civil / Interlocutory Application (permission to Adduce Expert Evidence)

Legal Issues

  1. 1 Whether the defendant should be granted permission to rely on expert valuation evidence less than two weeks before trial
  2. 2 Whether the expert evidence is reasonably required to resolve the proceedings under CPR 35.1
  3. 3 Whether there is justification for the delay in making the application

Ratio Decidendi

The application to rely on expert evidence is refused because the evidence is not reasonably required to resolve the proceedings, is peripheral to the main issues, the delay is unjustified, and allowing it would cause significant prejudice to the claimant, either by forcing them to proceed at a disadvantage or seek an adjournment, contrary to the overriding objective.

Court Disposition

Application refused

Orders

  • Defendant's application for permission to rely on expert evidence at trial is refused.