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Lessons learned from Gladwin v Bogescu

Jeff Turton warns of a significant impact to parties who are in breach of orders to serve witness statements

22 September 2017

When a van collided with a motorcycle on 29 November 2014, the parties involved could hardly have envisioned that the resulting, relatively low value, claim would reach the High Court. The judgment goes to the heart of the civil procedure process. But how exactly did the case end up at the High Court, and why are its implications so significant?

Fundamentally, the case of Gladwin v Bogescu [2017] EWHC 1287 (QB) highlights a common issue which surprisingly appears not to have been addressed previously. It confirms that, should a witness be debarred from giving oral evidence, it will usually be appropriate to preclude that witness from being able to present the evidence to the court in an alternative way. If this applies to a claimant, it is likely to end their claim – confirming the importance of adhering to court deadlines.

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