LATE APPLICATION TO SUBMIT NEW EVIDENCE – EPISODE 5 – FINAL EPISODE

EVIDENCE

Written by Graham Perry

3 June 2021

ARBITRATION #100
EPISODE 5 – FINAL EPISODE

You would be entitled to reject the late documents because Buyers + Buyers’ solicitors have, at different stages, both be wrong. Buyers should have ensured all documents were available to the solicitors + the solicitors should have ensured all documents were available to the Board.

You would also be entitled to accept the late documents for two reasons;- first, Buyers have come clean, albeit belatedly, + admitted their two errors, and, second, Sellers have played games with the Board of Appeal – not putting in place procedures for decisions to be made whilst the executive was water-skiing in the Indian Ocean.

On balance, the decision goes with Buyers. Their late documents are allowed in. You and the Board read them + decide there is no need for an adjournment. Sellers’ advocate makes noises about serious irregularity but that is to be expected. Ride it out. The appeal proceeds.

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