Part 32 - Evidence

Question 1

If missed date for exchange of witness statement :

Answer 1

> not be able to rely on our witnesses at trial
have to apply for relief from sanctions under CPR 3
court’s permission to rely on the witness statements under CPR 32

Question 2

What is the requirements in test Denton :

Answer 2

1.The first limb of the test is the seriousness and significance of the breach
2. The second limb is the reason for the breach .
3.The third limb is for the court to consider all the circumstances of the case including CPR 3.9(1)(a) and (b)

Question 3

What would court do with sanction application :

Answer 3

•Here the claimant would be disproportionately prejudiced by the failure to be able to rely on their statements
• As we are following the standard multi track timetable there are still several months before the trial which would not therefore need to be adjourned.
• The case can therefore still be conducted efficiently as this is a relatively minor breach which will have little impact
• Ask the defendant if consent to application