The recent case of Anthony McGann v Michael Bisping
[2017] EWHC 2951 received more column inches than most contractual
disputes. This was largely due to the ever growing popularity of
mixed martial arts and the Ultimate Fighting Championships in which
the Defendant participates.
Further press interest was then generated due to the alleged
scuffle between the parties outside the court. However beyond the
tabloid headlines the case provided a useful reminder to
practitioners in respect of the use of notices to prove.
Notice to prove
As set out in CPR 31.19 "a party shall be deemed to
admit the authenticity of a document disclosed to him under Part 31
(disclosure and inspection of documents) unless he serves notice
that he wishes the document to be proved at trial." Such
notices should be served by the date of serving witness statements
or within 7 days of disclosure of the document, whichever is later.
The notice itself should be completed on form N268.
