LATE WITNESS STATEMENTS, RELIEF FROM SANCTIONS (OR NOT…) AND THE COURT OF APPEAL CONSIDERS “WHAT IS A TRIAL?”: THE DEFINITION PROVES TO BE VERY IMPORTANT FOR THIS APPELLANT…

One of the key factors in this Court of Appeal judgment was the meaning of the word "trial".  Curiously this is not defined in the rules and has only been considered in two previous cases.    The issue was important here because the appellant had served witness statements late.  If this were a trial...