Jurisdiction(s):
United Kingdom

Expedited Part 26A plan: court refuses late competition expert evidence under CPR 35.1 as unnecessary, disproportionate and disruptive (Kington v Thames Water, Chancery Division, England and Wales)

Published on: 12 May 2025

Published by a LexisNexis Restructuring & Insolvency expert

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Article summary

Kington Sarl v Thames Water Utilities Holdings Ltd [2025] EWHC 84 (Ch) What are the practical implications of this case?

Kington v Thames Water establishes that, even if expert material is not absolutely required to decide the issues yet could still assist, the court will weigh its relevance against the effect its admission would have on case management, and will permit it only where that course is proportionate. That balancing exercise looks at how helpful the evidence is, set against the disruption its inclusion may cause to the conduct and timetable of the proceedings, before deciding whether it should be adduced. On accelerated timetables—frequent in insolvency and restructuring—the imperative is to seek permission to rely on experts without delay, so that reports and replies can be built into the schedule without unnecessary disturbance. Parties should put forward robust, discipline-based opinions that speak directly to the points in dispute, avoiding tentative findings, equivocal conclusions, and steering clear of legal submissions. The judgment signals that proportionality will be judged with regard to the kind of claims advanced in the litigation, so nature of the claims forms part of the assessment the court undertakes when deciding whether expert input is proportionate...

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