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England and Wales decisions
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The court refused to set aside a Default Costs Certificate, found no valid extension of time for Points of Dispute, but varied the certificate to remove VAT.
The Tribunal refused permission to admit the Appellant’s second witness statement (except for paragraphs 1, 3, 5, and 46, and only if certain conditions are met) and the documents in the 13th List of Documents because the delay was serious and significant, no good reason was provided for the lateness, and admitting the evidence would prejudice HMRC, disrupt the hearing timetable, and undermine the efficient conduct of litigation. The balancing exercise overwhelmingly favoured refusal, with only limited mitigation for the Appellant via examination in chief.
Source excerpt
Tiernan-Spratt & Anor v City Of Wolverhampton Council [2023] EWHC 811 (KB) (05 April 2023)
High Court appeal allowing relief from sanctions for late witness statements in a personal injury and fatal accident claim involving allegations of dishonesty and causation.
Balengani v Sharifpoor [2020] EWHC 1571 (QB) (19 June 2020)
Application to set aside strike-out and damages orders refused because the claimant did not act promptly and had knowledge of the proceedings for years.
The Court of Appeal dismissed Clearway’s appeal against refusal of relief from sanctions for late witness statements and a witness summary.
Clearway Drainage Systems Ltd v Miles Smith Ltd [2016] EWCA Civ 1258 (08 November 2016)
Appeal dismissed against refusal of relief from sanctions for late witness statements and a witness summary, with the Court of Appeal upholding the Denton analysis.
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