Statements had been obtained from a witness by the claimants, but not included amongst the evidence. At a point during the trial, a defendant asked for and was given leave to include the evidence. He now appealed leave given to the claimant to cross examine the witness having taken the statement themselves.
Held: One purpose of the new rules was to remove excess technicality. The judge could be relied upon to ensure that any further difficulties which migt arise as a result of allowing cross examination, could be dealt with.
Judges:
The Lord Woolf Of Barnes, Lord Justice Kennedy And Lord Justice Scott Baker
Citations:
[2003] EWCA Civ 332
Links:
Statutes:
Jurisdiction:
England and Wales
Litigation Practice, Civil Procedure Rules
Updated: 07 June 2022; Ref: scu.181142