Any party was free to put in evidence statements where the party who had prepared them had himself decided not to call the evidence. There was no power to call the person to give that evidence, but it could be admitted on the basis that it was hearsay evidence. This reversed the old rule. The court still does not have the power to order a party to tender his witness.
Citations:
Times 03-Aug-2000
Statutes:
Jurisdiction:
England and Wales
Cited by:
Cited – Thomas-Everard and Others v Society of Lloyd’s ChD 18-Jul-2003
The claimant appealed refusal to set aside a statutory demand made by the respondent society. The proposed defence had been already been dismissed by the courts.
Held: Such a consideration was very relevant, but not necessarily determinative. . .
See Also – Society of Lloyd’s v Sir William Otho Jaffray BT ComC 3-Nov-2000
. .
Appeal from – Society of Lloyd’s v Jaffray and others CA 8-Oct-2001
Applications in group litigation between the Society of Lloyd’s and Names at Lloyd’s – ‘ threshold fraud point’ . .
Lists of cited by and citing cases may be incomplete.
Litigation Practice, Evidence
Updated: 27 November 2022; Ref: scu.89376
