Summary of Recent Cases – Civil Procedure

Reversal of a decision not to cross-examine a witness permitted

Mengiste & Anor v Endowment Fund for the Rehabilitation of Tigray & Others, [2012] Ch D, 22/08/12

It was held that the court should ensure that parties had the opportunity to properly deploy their evidence and that everything had been done to achieve that purpose and that included the opportunity to challenge the evidence of an opposing party. Decisions made by the parties were not always binding and the CPR gave the courts extensive powers to make orders or to override them if it was just and reasonable to do so. The original decision could not be used as a permanent bar to a party changing its mind as it was clear that there were problems with the evidence that required explanation.

Refusal to adjourn a trial reversed

(1) Jacob Jumani (2) Bilal Tariq v (1) Mortgage Express (2) Walker Singleton CA (Civ Div), 02/08/12
It was held that the Court of Appeal would only interfere with case-management decisions on heavy grounds of principle, however, in the instant case the judge below had not considered the question at the centre of the application, which was whether, because of the witness’s absence, a fair trial could be had on the set date. It was impossible to say that a fair trial could take place on that date. Had the judge reasoned through the matter properly his judgment might have been sustained, but that had not been done.

September 23, 2012 В· Editorial Team В· Comments Closed
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