Newman v de Lima and Anor [2018] JRC 155 (29 August 2018)

Newman v de Lima and Anor [2018] JRC 155 (29 August 2018)

The breaches by the second defendant were serious and significant, with no good reason for default. However, a fair trial was still possible if expert evidence was filed by the extended deadline. The court exercised its general discretion to grant a final extension for filing expert evidence, with the sanction that failure to comply would bar the defendants from adducing evidence in any category not filed. Costs were awarded on an indemnity basis due to unacceptable conduct and failure to apply for relief or respond to communications.

Citation
[2018] JRC 155
Parties
Plaintiff: Plaintiff; Defendant: First Defendant; Defendant: Second Defendant
Jurisdiction
Jersey
Judgment Date
29 August 2018
Procedural Posture
Civil / Interlocutory Application for Extension of Time and Costs Order
Outcome
Extension of time granted to second defendant to file expert evidence; costs awarded to plaintiff on indemnity basis.
Legal Topics
Extension of Time, Relief From Sanctions, Expert Evidence, Costs Orders
Civil Procedure Personal Injury Extension of Time Relief From Sanctions Expert Evidence Costs Orders

Case Brief

Summary, issues, holding and outcome

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Parties

Plaintiff

Plaintiff

First Defendant

Defendant

Second Defendant

Defendant

Procedural Posture

Civil / Interlocutory Application for Extension of Time and Costs Order

Legal Issues

  1. 1 Whether the second defendant should be granted an extension of time to file expert evidence
  2. 2 What sanction is appropriate for breach of court orders
  3. 3 Whether costs should be awarded on an indemnity basis

Ratio Decidendi

The breaches by the second defendant were serious and significant, with no good reason for default. However, a fair trial was still possible if expert evidence was filed by the extended deadline. The court exercised its general discretion to grant a final extension for filing expert evidence, with the sanction that failure to comply would bar the defendants from adducing evidence in any category not filed. Costs were awarded on an indemnity basis due to unacceptable conduct and failure to apply for relief or respond to communications.

Court Disposition

Extension of time granted to second defendant to file expert evidence; costs awarded to plaintiff on indemnity basis.

Orders

  • Second defendant to file stage 1 and stage 2 expert evidence by end of September 2018; failure to do so bars evidence in any category not filed.
  • Second defendant to file stage 3 evidence by 23 November 2018; order is final.