Notice Of Prove – Ultimate Fabrication Challenge

The recent case of Anthony McGann v Michael Bisping [2017] EWHC 2951 received more column inches than most contractual disputes. This was largely due to the ever growing popularity of mixed martial arts and the Ultimate Fighting Championships in which the Defendant participates.

Further press interest was then generated due to the alleged scuffle between the parties outside the court. However beyond the tabloid headlines the case provided a useful reminder to practitioners in respect of the use of notices to prove.

Notice to prove

As set out in CPR 31.19 "a party shall be deemed to admit the authenticity of a document disclosed to him under Part 31 (disclosure and inspection of documents) unless he serves notice that he wishes the document to be proved at trial." Such notices should be served by the date of serving witness statements or within 7 days of disclosure of the document, whichever is later. The notice itself should be completed on form N268.

The wording of the Rule is...