Beazer Homes Ltd v Stroude: CA 17 Mar 2005

Mr S asserted a right as against the builders under a section 106 agreement. The builder said that evidence of what had occurred as a background to the agreement should be admitted. The parties had requested the judge to decide as a preliminary issue on the admissibility of that evidence.
Held: It was rarely wise to decide to the admissibility of evidence as a preliminary matter. It should be decided at trial by the judge who would be hearing the case and have a better grasp of the facts.
Mummery LJ said: ‘In general, disputes about the admissibility of evidence in civil proceedings are best left to be resolved by the judge at the substantive hearing of the application or at the trial of the action, rather than at a separate preliminary hearing. The judge at a preliminary hearing on admissibility will usually be less well informed about the case. Preliminary hearings can also cause unnecessary costs and delays.’

Judges:

Mummery LJ

Citations:

[2005] EWCA Civ 265, Times 28-Apr-2005

Links:

Bailii

Statutes:

Town and Country Planning Act 1990 106

Jurisdiction:

England and Wales

Planning, Contract, Litigation Practice

Updated: 29 June 2022; Ref: scu.223629