Cunningham, Len and Leroy Cunningham By and through their agent Joyce Bunting v Victor Hall and Sonia Hall

Failure to serve witness statement within the relevant time-Rule 29.11 of the Civil Procedure Rules (CPR)-Application for relief from sanction under Rule 26.8 of the CPR-Application made after trial had begun-Legal effect of irregular order granting extension of time-Whether the relevant witness statement was served within time as prescribed and whether any sanction applies, particularly if the relevant witness statement was filed within time-Whether a sanction applies and, if so, what is sanction?-Whether the defendants had served the application for relief from sanction promptly-Whether the defendants' failure to comply was unintentional-Failure to comply with rules of court, attributed to previous defence counsel's alleged inefficiencies-Proper-Proper course to be followed by present counsel as regards such an allegation-Whether the defendants have provided a good reason for their failure to serve the relevant witness statement on time-Whether the defendants have good reason for not having applied for relief from sanction, prior to the trial having commenced-Whether the party in default has generally complied with all other relevant rules, Practice Directions and court orders and directions-Whether an extension of time for service of the relevant witness statement can properly be granted if relief from sanction is not granted.