Charles Terence Estates Ltd v The Cornwall Council [2011] EWHC 1683 (QB) (28 June 2011)
Expert evidence on open market rent is not reasonably required to resolve the proceedings, is of peripheral relevance, and the delay in making the application is unjustified; allowing the application would prejudice the claimant and disrupt the trial schedule.
- Citation
- [2011] EWHC 1683 (QB)
- Parties
- Claimant: Charles Terence Estates Limited; Defendant: The Cornwall Council
- Jurisdiction
- England and Wales
- Judgment Date
- 28 June 2011
- Procedural Posture
- Application in Civil Proceedings / Interlocutory Application Prior to Trial
- Outcome
- Application refused
- Legal Topics
- Late Expert Evidence, Enforceability of Agreements, Housing Benefit Scheme, Interlocutory Applications
Case Brief
Summary, issues, holding and outcome
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Parties
Charles Terence Estates Limited
Claimant
The Cornwall Council
Defendant
Procedural Posture
Application in Civil Proceedings / Interlocutory Application Prior to Trial
Legal Issues
- 1 Whether the defendant should be permitted to rely on late expert valuation evidence at trial
- 2 Relevance of open market rent to enforceability of agreements
- 3 Justification for delay in making the application
Ratio Decidendi
Expert evidence on open market rent is not reasonably required to resolve the proceedings, is of peripheral relevance, and the delay in making the application is unjustified; allowing the application would prejudice the claimant and disrupt the trial schedule.
Court Disposition
Application refused
Orders
- Defendant's application to rely on expert valuation evidence at trial is refused
Full Case Text
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