The court was asked: ‘ first, whether the trial should be dealt with by a judge in the High Court at the level of the Chief Master; and secondly, whether the claim should be tried with witness evidence proved in accordance with the general rule contained in CPR 32.2(1). This general rule is subject to the provisions of CPR 32.2(2) and (3). In parenthesis I remark that, unlike Part 7 claims, Part 8 claims are not generally tried. They are normally dealt with at a disposal hearing, and the default provision is that witnesses are not called to give evidence.’
Judges:
Marsh CM
Citations:
[2019] EWHC 1031 (Ch)
Links:
Jurisdiction:
England and Wales
Wills and Probate, Litigation Practice
Updated: 21 June 2022; Ref: scu.636153