McTear v Englehard
 EWHC 722 (Ch)
14th March 2014
The Defendants were in breach of Orders re: witness statements and disclosure, and had sought to adduce expert evidence without leave, all 3 weeks before trial. Their (not prompt) applications to extend time/obtain relief were (unsurprisingly) refused, but it was held that it would be a disproportionate response to strike out the Defendants’ pleaded case and the trial proceeded.
… it seems to me to be a disproportionate response to all their defaults to strike out a pleaded case that was placed on the record before any of the recent failures to comply with court orders and the CPR occurred. The Defendants may be hindered in their ability to make good their case by the orders that I have made on their applications, which, on my rulings, are the product of their conduct of this litigation. However, I am not persuaded that it is right to go further and deny them the opportunity to defend the claim altogether.
A detailed summary of the case can be found on the Jackson Corner here
The Judgment is available here