Cases - Beachley Property Ltd v Edgar
Record details
- Name
- Beachley Property Ltd v Edgar
- Date
- [1996]
- Citation
- CILL 1182, CA
- Legislation
- Keywords
- Expert witness
- Summary
-
In a claim for breach of covenant of a lease, the claimant failed to provide statements for several key witnesses on time and then sought leave for late service a fortnight before trial. The court had to consider whether changes of personnel in a solicitor's office would constitute a justification for late service and whether an argument that no prejudice had been caused by the delay should necessarily prevail.
Lord Woolf, giving judgment against the background of the introduction of his reforms in the CPR, rejected the appeal against the exclusion of the reports:
'The explanation for the witness statements being served so late, and for the application being made at the relatively last moment for leave for those witnesses' evidence to be adduced at the hearing, is apparently that there was a change in the [claimant's] solicitors' office so that the same person was not dealing with the case throughout. I would emphasise that I regard that as no explanation or excuse whatsoever for the non-compliance with directions with regard to witness statements ...'
Further:
'It was submitted [for the appellant] that unless there was some evidence of prejudice on their part which could be shown by the defendant, in these circumstances the court has no alternative but to allow the calling of the evidence ... I would like to make it absolutely clear that I do not accept that submission. The very reason why the order is drafted in the terms that it is, is to ensure that unless there are circumstances which justify the court exercising discretion in favour of the party in default, that discretion will not be exercised and the party will be deprived of the evidence.'