B e f o r e :
| PAUL DEAN DAVIES
|- v -
|LIBERTY PLACE (SHEEPCOTE STREET) MANAGEMENT CO
MR MARSHALL appeared on behalf of the Defendant
Crown Copyright ©
"If a witness statement or a witness summary for use at trial is not served in respect of an intended witness within the time specified by the court, then the witness may not be called to give oral evidence unless the court gives permission."
Mr Bastin, on behalf of the claimant, submits that the effect of that provision is that, as soon as the date by which the court has required witness statements to be served has expired, there is then a sanction which takes effect, namely, an inability to call a witness to give oral evidence. That sanction can only be dispensed with if the court gives permission - which requires an application for relief from the sanction.
"Where a party has failed to comply with a rule, practice direction or court order, any sanction for failure to comply imposed by the rule, practice direction or court order has effect unless the party in default applies for and obtains relief from the sanction.
(Rule 3.9 sets out the circumstances which the court may consider on an application to grant relief from a sanction.)"