APPLICATION TO ADDUCE NEW PHOTOGRAPHS AFTER FINAL SUBMISSIONS REFUSED: DENTON PRINCIPLES APPLIED
In Mullane v Davies  EW Misc 25 (CC) HHJ Jarman QC refused an application by a party to admit new photographs after closing submissions. The Denton principles applied and militated against granting relief from sanctions.
“Such noncompliance is serious, and in my judgment towards the top end of seriousness. The application comes not just late but after close of evidence and submissions. No good reason is put forward for such non-compliance and nor could there be”
The case concerned the issue of whether a property had, historically, drawn its water from another property. After final submissions were made the defendant attempted to adduce new photographs which, it was said, showed relevant details at various dates.