header-logo header-logo

Challenging witness evidence

07 June 2024 / David Burrows
Issue: 8074 / Categories: Features , In Court , Procedure & practice
printer mail-detail
176265
David Burrows examines recent case law on the opportunity to answer adverse allegations
  • If a witness’s evidence is challenged, or a finding sought adverse to their evidence, must that witness be called to answer in cross-examination?
  • If a witness, whether lay or expert, is not given an opportunity to explain points a defendant wishes to argue against, is a decision made without that opportunity fair to the complainant and to the complainant’s witness (expert or lay)?

What have each of these in common: Yosser, an allegedly dangerous dog; a holiday maker with acute gastroenteritis; a Bangladeshi whose UK citizenship was under challenge by the Home Office; and a deceased testator who wanted to leave her house to her daughter over the heads—and wishes—of the daughter’s brothers? An answer is that all have been recently in various appeals courts in circumstances where, in each case, an appeal was allowed because a respondent to the appeal had not given a witness (party, lay or expert witness) an opportunity to answer adverse allegations which were made later

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

National Pro Bono Centre—Esther McConnell & Sarah Oliver Scemla

National Pro Bono Centre—Esther McConnell & Sarah Oliver Scemla

Charity strengthens leadership as national Pro Bono Week takes place

Michelman Robinson—Akshay Sewlikar

Michelman Robinson—Akshay Sewlikar

Dual-qualified partner joins London disputes practice

McDermott Will & Schulte—Karen Butler

McDermott Will & Schulte—Karen Butler

Transactions practice welcomes partner in London office

NEWS
NLJ columnist Stephen Gold dives into the quirks of civil practice, from the Court of Appeal’s fierce defence of form N510 to fresh reminders about compliance and interest claims, in this week's Civil Way
In this week's NLJ, Sophie Houghton of LexisPSL distils the key lesson from recent costs cases: if you want to exceed guideline hourly rates (GHR), you must prove why
With chronic underfunding and rising demand leaving thousands without legal help, technology could transform access to justice—if handled wisely, writes Professor Sue Prince of the University of Exeter in this week's NLJ
Mazur v Charles Russell Speechlys [2025] EWHC 2341 (KB) has restated a fundamental truth, writes John Gould, chair of Russell-Cooke, in this week's NLJ: only authorised persons can conduct litigation. The decision sparked alarm, but Gould stresses it merely confirms the Legal Services Act 2007
The government’s decision to make the Financial Conduct Authority (FCA) the Single Professional Services Supervisor marks a watershed in the UK’s fight against money laundering, says Rebecca Hughes of Corker Binning in this week's NLJ. The FCA will now oversee 60,000 firms across legal and accountancy sectors—a massive expansion of remit that raises questions over resources and readiness 
back-to-top-scroll