Summary
The High Court has issued a judgment
dismissing the entirety of the Claimants' claim in a
long-running dispute commenced by a pair of property developers
against a Judicial Factor to the estate of a Scottish businessman
(the "Deceased"). Squire Patton Boggs represented the
successful Defendant, who was awarded the majority of his costs on
the indemnity basis.
The judgment emphasises the importance of litigants ensuring
that there are no obvious evidential holes in their case prior to
trial. Whilst this should go without saying, the judgment
demonstrates that the Court is highly unlikely to permit the
parties to adduce key evidence at a very late stage (especially
items with a long lead-in time, such as expert evidence) to try to
paper over those evidential cracks at trial. The case is also a
further reminder that if parties fail to call a witness of obvious
relevance to their pleaded case, then they do so at their
peril.
