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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

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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