Waterrower (UK) Limited v Liking Limited (t/a Topiom)
Decision date: 24 July 2023
Neutral citation: [2024] EWHC 3049 (IPEC)
Overall AI summary confidence: high
Short overview
This short overview is intended to summarise the case, issues and outcome so far as they are supported by the judgment.
AI confidence in this short overview: high
This case concerns the Defendant's late application for relief from sanctions under CPR 3.9 in relation to alleged procedural defects in a Chinese-speaking witness's statement (proxy/electronic signing, translation and late re-service). The court found the procedural breaches but held they were minor and did not cause real prejudice, granted relief to the limited extent necessary, and permitted the Defendant to rely on the witness statement at trial provided the witness confirms his evidence on oath and re-signs the statement when giving evidence.
Ratio decidendi
This summary is intended to identify the ratio decidendi, meaning the legal reasons for deciding and the binding part of the decision.
AI confidence in this ratio decidendi summary: medium
Where procedural defects in witness evidence (such as proxy/electronic signatures, translation/signing issues or late service) do not cause real prejudice and the integrity of the evidence can be secured by pragmatic measures (for example oath confirmation and re-signing at trial), the court may grant relief from sanctions under CPR 3.9 to allow the evidence to be admitted.
Obiter dicta
This summary is intended to identify obiter dicta, meaning observations made by the way that were not necessary to deciding the case and are not binding.
AI confidence in this obiter dicta summary: medium
The judgment criticises parties for failing to raise and address significant procedural defects promptly and suggests that parties should respond earlier and more thoroughly to avoid last-minute applications; it also indicates that pragmatic remedies can rectify formal defects where the substantive position is unchanged.