0370 270 6000

already registered?

Please sign in with your existing account details.

need to register?

Register to access exclusive content, sign up to receive our updates and personalise your experience on brownejacobson.com.

Privacy statement - Terms and conditions

Roberts v Williams, Court of Appeal, 18 May 2005

1 June 2005
The issues

Late Evidence – Whether Defendant Entitled To Rely On Evidence Lately Disclosed – Was The District Judge Correct To Refuse To Allow Evidence To Be Adduced On The Basis Of Adjournment Of Trial Would Have Been Necessary.

The facts

The Claimant and Defendant were parties to a neighbour dispute involving alleged encroachment on a right of way. The Defendants denied the allegations and counter claimed for trespass.

Six weeks before Trial the Defendant produced a witness statement relevant to an issue in the claim. The District Judge refused the evidence to be adduced on the basis that it would require adjournment and moreover that the statement raised a new issue in the claim and it would not have been equitable to allow it at that stage. The Defendants appealed to the Judge and the claim was dismissed. The Defendant appealed to the Court of Appeal.

The statement related to the repetition of assurances made by a solicitor acting for the Claimant that certain works would be carried out which were the subject of the dispute were permissible.

The decision

The statement was relevant to the issue of whether or not the Defendant had consented to the works which were alleged to be an encroachment on the right of way.
The issue had been raised to some extent in the Defence.
It was unsatisfactory for the Trial Judge to hear only part of the evidence relevant to that issue.
The District Judge should have been slow to exclude the evidence since in particular it was not clear that an adjournment would have been required for the statement to have been dealt with.
Moreover, at the time the matter came before the Judge on appeal, the Trial had already been adjourned and the Trial Judge should have re-visited the matter having regard to that fact.

Appeal allowed

focus on...

Legal updates

Non-payment of insurance premiums during the Coronavirus pandemic

The forced closure of many businesses as a result of the Coronavirus pandemic has had a huge impact on the nation’s Gross Domestic Product (GDP). Recent reports from the Office for National Statistics state that the economy was 25% smaller in April than it was in February this year.

View

Legal updates

Reinstatement for property damage losses – when does it apply?

The Court of Appeal has recently considered the correct test for measuring the indemnity for property damage losses and has provided useful guidance on whether an insured needs to intend to reinstate the property to its pre-loss condition.

View

Legal updates

Coronavirus (COVID-19) insurance considerations

With instances of COVID-19 rapidly increasing throughout the UK, many businesses are considering the options available to limit staff and customer exposure to Coronavirus.

View

Legal updates

Insurance annual review 2019-2020

Welcome to our review of 2019 as we look ahead to what is on the horizon for the insurance sector in 2020.

View

The content on this page is provided for the purposes of general interest and information. It contains only brief summaries of aspects of the subject matter and does not provide comprehensive statements of the law. It does not constitute legal advice and does not provide a substitute for it.

mailing list sign up



Select which mailings you would like to receive from us.

Sign up