Accident Exchange Ltd v Autofocus Ltd: QBD 16 Dec 2009

The claimant wished to allege that in earlier proceedings, the defendant’s employees had systematically given false evidence. The defendant now sought the strike out of the claim on the basis of witness immunity.
Held: The application failed. The claim was based on the use of allegedly fraudulent exhibits, and the case of Darker had restricted the scope of witness immunity. The exhibits were not part and parcel of the testimony attracting immunity.

Mackie QC
[2009] EWHC 3304 (QB)
England and Wales
CitedDarker v Chief Constable of The West Midlands Police HL 1-Aug-2000
The plaintiffs had been indicted on counts alleging conspiracy to import drugs and conspiracy to forge traveller’s cheques. During the criminal trial it emerged that there had been such inadequate disclosure by the police that the proceedings were . .

Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 01 November 2021; Ref: scu.393031