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13 August 2010
Issue: 7430 / Categories: Case law , Law digest
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Civil procedure

Abbey Forwarding Ltd (in liquidation) v Hone and others [2010] EWHC 2029 (Ch), [2010] All ER (D) 24 (Aug)

It was common fairness that neither parties to litigation, their counsel, nor judges should make serious imputations or findings in any litigation when the person against whom such imputations or findings were made had not been given a proper opportunity of dealing with the imputations or defending themselves. Therefore, before a finding of dishonesty could be made it had not only to be pleaded but also put in cross-examination. It was a cardinal principle of litigation that if serious allegations, in particular allegations of dishonesty were to be made against a party who was called as a witness they had to be both fairly pleaded and fairly put to the witness in cross-examination.

 

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Pastries may be in the firing line while kebabs escape scrutiny, but the reality is far more nuanced
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A landmark ruling has delivered the first judicial application of the UK’s anti-SLAPP regime and provided fresh guidance on abusive litigation
Non-court dispute resolution is no longer an alternative in family law—it is rapidly becoming the norm
Some employment law controversies never disappear—they merely lie dormant
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