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02 October 2008
Issue: 7339 / Categories: Features
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Mind the gaps!

Gareth Kagan and Beverley Barton offer some guidance on witness statements from recent cases

Recent Court of Appeal decisions on applications for leave to adduce fresh evidence on appeal provide some useful pointers of good practice regarding witness statements.

Three legs of a stool
Paragraph 52.11(2) of the Civil Procedure Rules (CPR) provides that an appeal court subject to the CPR will not receive: (i) fresh oral evidence; (ii) evidence which was not before the lower court, unless the court orders otherwise.

Although the pre-CPR requirement for “special grounds” no longer applies, there has not been a sea change in the attitude of the courts, so we need to take a trip back to 1954, and a case featuring the following facts:

a tin of money stashed under a bed—with the credit crunch, perhaps this will become a feature in modern cases;

alleged payment of £1,000 in a brown paper parcel, but no receipt;

a wife compelled to give evidence regarding her husband, at trial, the day after filing for divorce on the grounds of adultery; and

a leading judgment by Lord Denning who described it

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MOVERS & SHAKERS

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

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Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
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Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
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