||All England Reporter
|| All ER (D) 406 (May)
||Court of Appeal, Civil Division
Buxton and Hale LJJ
||Hefin Rees (instructed by Wright Son & Pepper) for the claimant.
||Timothy Beckers (instructed by Ralph Haeems & Co) for the defendant.
||27 May 2002
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.
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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