Reed v Blundell & Anor

Reed v Blundell & Anor

The application for adjournment was refused because the witness's unexplained reluctance and the centrality of his evidence rendered it lacking in credibility, and further delay would be unfair to the respondents. Without the witness, the appeal could not proceed and was dismissed.

Parties
Appellant: Thomas Reed; Appellant: Michael Reed; Respondent: Mr Blundell; Respondent: Mrs Blundell
Jurisdiction
England and Wales
Judgment Date
05 March 2008
Procedural Posture
Civil Appeal / Appeal Hearing
Outcome
appeal dismissed
Legal Topics
Adjournment, Fresh Evidence on Appeal, Witness Credibility
Civil Procedure Adjournment Fresh Evidence on Appeal Witness Credibility

Case Brief

Summary, issues, holding and outcome

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Parties

Thomas Reed

Appellant

Michael Reed

Appellant

Mr Blundell

Respondent

Mrs Blundell

Respondent

Procedural Posture

Civil Appeal / Appeal Hearing

Legal Issues

  1. 1 Whether the appeal should be adjourned to allow the attendance of a witness whose evidence is central to the appeal
  2. 2 Whether the new evidence sought to be introduced is credible

Ratio Decidendi

The application for adjournment was refused because the witness's unexplained reluctance and the centrality of his evidence rendered it lacking in credibility, and further delay would be unfair to the respondents. Without the witness, the appeal could not proceed and was dismissed.

Court Disposition

appeal dismissed

Orders

  • Application for adjournment refused
  • Appeal dismissed