Charles Terence Estates Ltd v The Cornwall Council [2011] EWHC 1683 (QB) (28 June 2011)

Charles Terence Estates Ltd v The Cornwall Council [2011] EWHC 1683 (QB) (28 June 2011)

The application to rely on expert evidence was refused because the evidence was not reasonably required to resolve the proceedings, was of peripheral relevance, and the delay in making the application was unjustified. Allowing the application would unfairly prejudice the claimant and disrupt the trial timetable.

Citation
[2011] EWHC 1683
Parties
Claimant: Charles Terence Estates Limited; Defendant: The Cornwall Council
Jurisdiction
England and Wales
Judgment Date
28 June 2011
Procedural Posture
Civil / Interlocutory Application Prior to Trial on Liability
Outcome
Application refused
Legal Topics
Late Expert Evidence, Overriding Objective, Case Management, Housing Agreements, Enforceability of Contracts
Civil Procedure Late Expert Evidence Overriding Objective Case Management Housing Agreements Enforceability of Contracts

Case Brief

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Parties

Charles Terence Estates Limited

Claimant

The Cornwall Council

Defendant

Procedural Posture

Civil / Interlocutory Application Prior to Trial on Liability

Legal Issues

  1. 1 Whether the defendant should be granted permission to rely on late expert valuation evidence at trial
  2. 2 Whether expert evidence on open market rent is reasonably required to resolve the proceedings

Ratio Decidendi

The application to rely on expert evidence was refused because the evidence was not reasonably required to resolve the proceedings, was of peripheral relevance, and the delay in making the application was unjustified. Allowing the application would unfairly prejudice the claimant and disrupt the trial timetable.

Court Disposition

Application refused

Orders

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