Where parties settled a matter after the draft of the judgment had been delivered to them, and the terms of the settlement required the non-publication of the judgment, the judge nevertheless retained the power to publish that judgment.
Held: The judge limited the judgment to that and the following issue. The defendant’s expert witness was a friend of the defendant, working from the same barrister’s set. He admitted his friendship for the defendant was closer than would be the case normally. The court disallowed admission of his evidence, since the risk of his evidence being coloured by this relationship was incompatible with the special duties owed to the court and all parties. However objective his evidence might in fact be, it was incompatible with the need for justice to be seen to be done.
Times 14-Aug-2001, Gazette 23-Aug-2001,  EWHC Ch 396,  1 WLR 2337
England and Wales
Cited – F and C Alternative Investments (Holdings) Ltd v Barthelemy and Another ChD 14-Jul-2011
The parties applied to the court for a conclusion to their action without the draft judgment being handed down and published, they having reached agreement.
Held: It was within the judge’s discretion and in this in the public interest for the . .
Lists of cited by and citing cases may be incomplete.
Evidence, Litigation Practice
Updated: 04 June 2022; Ref: scu.136127