Tag Archives: Witness evidence

High Court finds witness should only be excluded from court with good reason

In a recent decision, the High Court has commented on the approach that should be adopted in exercising the court’s discretion to exclude a witness from court before giving evidence: Luckwell v Limata [2014] EWHC 536 (Fam). In civil cases … Continue reading

1 Comment

Filed under Evidence

High Court applies new express powers to limit witness evidence

In what appears to be the first High Court decision applying the court’s new express powers to limit factual witness evidence, the court has restricted the number of witnesses that may be called by a claimant in relation to particular … Continue reading

1 Comment

Filed under Evidence

Court of Appeal finds undue pressure on witness to produce statement does not come within witness immunity rule

Witness evidence and witness statements have long been given immunity from civil proceedings. The rationale is twofold: firstly so that witnesses in future cases will not be deterred from giving evidence for fear of being sued for what they say … Continue reading

Leave a Comment

Filed under Evidence

High Court decisions on admissibility of opinion evidence

In two recent decisions, the High Court has considered the circumstances in which opinion evidence contained in third party reports or articles is admissible in civil proceedings. In Rogers v Hoyle [2013] EWHC 1409 (QB), the court had to consider whether … Continue reading

1 Comment

Filed under Evidence, Experts

Strict approach to witness protection orders

The High Court has refused to order that the identities of certain witnesses should be protected and that their evidence should be heard in private: Cherney v Deripaska [2012] EWHC 1781 (Comm). The court accepted that it had the power to make … Continue reading


Filed under Confidentiality, Evidence