Negligence – Motor vehicle collision – Liability of parties – Credibility of Witnesses – Assessment of Damages
Preliminary issue – Application for relief from sanctions refused to allow witness statements to stand – Application at trial for Court to exercise discretion under Rule 29.11 of the Civil Procedure Rules (CPR) to allow witnesses to give evidence – Whether the Court has discretion to allow evidence where application for relief from sanctions is refused under Rule 29.11.