A straightforward application of the decision in Denton v TH White Ltd [2014] EWCA Civ 906 in a case of failure to serve witness statements in time. No application was made for an extension of time before the time period had expired. The litigation was impacted because 2 PTRs had to be adjourned.

The Court of Appeal declined to interfere with the decisions of the first instance judge affirming the views of Lewison L.J. in Mannion v Ginty [2012] EWCA Civ 1667 [para 18] as to the importance of judges not interfering the robust fair case management decisions.