The claimant sought damages for defamation. He feared arrest and extradition to the US if he came to England, and was granted an order allowing him to give evidence by video link. The defendant appealed that order.
Held: There was no absolute rule which would allow the order made. The judge had considered that if the claimant had only been allowed to give written evidence, this would have had difficulties for both parties. There was no concept of an outlaw in English law to prevent a party bringing an action. ‘the court should have regard to all the circumstances in deciding whether it is appropriate to make a VCF order specifically to enable a witness to evade the ordinary processes of our (criminal and extradition) law under which he might lose his liberty. I do not accept such that orders should only be refused ‘in exceptional circumstances’. In this case the claimant had chosen this jurisdiction, and sought its assistance. He was a volunteer. He should not be allowed to give evidence by video link.
Judges:
Lord Justice Jonathan Parker Lord Justice Simon Brown Lord Justice Thomas
Citations:
[2004] 1 WLR 387, [2003] EWCA Civ 1573, Times 18-Nov-2003, [2004] 1 All ER 1220
Links:
Statutes:
Civil Evidence Act 1995 1 3, Civil Procedure Rules 32.1(1)(c) 32.1(2) 33.2(2) 33.4(1) 32.7
Jurisdiction:
England and Wales
Citing:
Cited – Rowland v Bock 2002
Mr Norgren claimed andpound;250,000 due under an agreement with Mr Brock. Mr Norgren had earlier introduced Mr Bock to Mr (Tiny) Rowland, and this dispute formed part of a much larger one. When Mr Norgren’s case came on for trial, he was arrested on . .
Cited – In Re Swaptronics Ltd ChD 24-Jul-1998
A party who was in contempt of court should not be debarred from continuing to take a proper part in a court action unless that contempt was serious enough seriously to interfere with the fair conduct of the trial. ‘The courts need powers of . .
Cited – Cross v Kirkby CA 18-Feb-2000
The claimant was a hunt saboteur and the defendant a local farmer. The claimant shouted to the defendant ‘You’re fucking dead’ and jabbed him in the chest and throat with a broken baseball bat. In order to ward off further blows, the defendant . .
Cited – Motorola Credit Corporation v Uzan and Others CA 26-Jun-2002
A world wide asset freezing order had been made. The defendants sought that it be set aside. Pending the hearing of their application, they sought also delay of their obligation to co-operate in providing full details of their finances.
Held: . .
Appealed to – Polanski v Conde Nast Publications Ltd HL 10-Feb-2005
The claimant wished to pursue his claim for defamation against the defendant, but was reluctant to return to the UK to give evidence, fearing arrest and extradition to the US. He appealed refusal of permission to be interviewed on video tape. Held . .
Cited by:
Appeal from – Polanski v Conde Nast Publications Ltd HL 10-Feb-2005
The claimant wished to pursue his claim for defamation against the defendant, but was reluctant to return to the UK to give evidence, fearing arrest and extradition to the US. He appealed refusal of permission to be interviewed on video tape. Held . .
Lists of cited by and citing cases may be incomplete.
Defamation, Evidence
Updated: 08 June 2022; Ref: scu.187723
