Wickes Building Supplies Ltd v Blair

Wickes Building Supplies Ltd v Blair

Objection to late-served evidence at Stage 3 does not automatically trigger dismissal under paragraph 9.1 of Practice Direction 8B unless the defendant opposes the claim on that ground. The court retains discretion under paragraph 7.1 to disregard or admit such evidence. The district judge acted correctly in...

Source-derived case information.

Parties
Appellant: Wickes Building Supplies Limited; Respondent: William Gerarde Blair
Jurisdiction
England and Wales
Judgment Date
12 November 2019
Procedural Posture
Civil Appeal / Court of Appeal Judgment on Appeal From County Court
Outcome
appeal allowed
Legal Topics
Pre Action Protocol, Personal Injury, Practice Direction 8 B, Late Evidence, Stage 3 Procedure, Costs Consequences
Civil Procedure Pre Action Protocol Personal Injury Practice Direction 8 B Late Evidence Stage 3 Procedure Costs Consequences

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Parties

Wickes Building Supplies Limited

Appellant

William Gerarde Blair

Respondent

Procedural Posture

Civil Appeal / Court of Appeal Judgment on Appeal From County Court

Legal Issues

  1. 1 Whether late-served evidence at Stage 3 under the Pre-Action Protocol for Low Value Personal Injury (Employers’ Liability and Public Liability) Claims must result in automatic dismissal under Practice Direction 8B paragraph 9.1, or whether the court has discretion under paragraph 7.1 to disregard or admit such evidence.

Ratio Decidendi

Objection to late-served evidence at Stage 3 does not automatically trigger dismissal under paragraph 9.1 of Practice Direction 8B unless the defendant opposes the claim on that ground. The court retains discretion under paragraph 7.1 to disregard or admit such evidence. The district judge acted correctly in refusing to admit the late statement and proceeding to determine damages. The circuit judge erred in holding that dismissal was mandatory.

Court Disposition

appeal allowed

Orders

  • Order of the district judge restored.
  • Order of HH Judge Hughes QC set aside.