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Civil procedure

13 August 2010
Issue: 7430 / Categories: Case law , Law digest
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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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MOVERS & SHAKERS

CBI South-East Council—Mike Wilson

CBI South-East Council—Mike Wilson

Blake Morgan managing partner appointed chair of CBI South-East Council

Birketts—Phillippa O’Neill

Birketts—Phillippa O’Neill

Commercial dispute resolution team welcomes partner in Cambridge

Charles Russell Speechlys—Matthew Griffin

Charles Russell Speechlys—Matthew Griffin

Firm strengthens international funds capability with senior hire

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Writing in NLJ this week, James Harrison and Jenna Coad of Penningtons Manches Cooper chart the Privy Council’s demolition of the long-standing ‘shareholder rule’ in Jardine Strategic v Oasis Investments
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