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07 June 2024 / David Burrows
Issue: 8074 / Categories: Features , In Court , Procedure & practice
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Challenging witness evidence

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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

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MOVERS & SHAKERS

Charles Russell Speechlys—James Paterson

Charles Russell Speechlys—James Paterson

Charles Russell Speechlys further bolsters Private Equity expertise with the appointment of James Paterson

Ellisons—Samuel Flower

Ellisons—Samuel Flower

Ellisons strengthens Rural Affairs team with senior appointment

Sidley—Carl Hotton

Sidley—Carl Hotton

Sidley adds insurance mergers and acquisitions partner to London office

NEWS
A deputy costs judge correctly exercised his discretion to allow late service rather than strike out the point of dispute, the Court of Appeal has held
Prince Harry, Baroness Doreen Lawrence and five others have lost their case against the publisher of the Daily Mail, Mail on Sunday and MailOnline, in Various Claimants v Associated Newspapers [2026] EWHC 1637 (KB)
Public confidence in the justice system is being undermined by a lack of accessible, useable data, magistrates have warned
The Sentencing Council has launched draft guidelines for facilitation and endangering another person during a sea crossing to the UK
Government proposals to make independent written legal advice a prerequisite for workplace non-disclosure agreements (NDAs) may prove unworkable, according to a senior employment lawyer
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