Source: All England Reporter
Publisher Citation: [2002] All ER (D) 406 (May)
Court: Court of Appeal, Civil Division
Judge:

Buxton and Hale LJJ
Representation Hefin Rees (instructed by Wright Son & Pepper) for the claimant.
  Timothy Beckers (instructed by Ralph Haeems & Co) for the defendant.
Judgment Dates: 27 May 2002

Catchwords

Practice - Civil litigation - Case management - Defendant failing to serve admissible witness statements on time - Judge refusing to allow defendant to rely on witness statements or give evidence at trial - Whether judge correct - CPR 3.9.

The Case

Whilst it was not incumbent on a judge, on hearing an application for relief from sanctions, to go pedantically through the list contained in CPR3.9 item by item, the judge in the instant case had failed to give proper weight to r3.9(i). That provided that the court should consider the effect granting relief would have had on each party, and in the instant case the judge's failure to give that provision proper weight meant his decision would be set aside and, as a result, a re-trial ordered.

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