||All England Reporter
|| All ER (D) 297 (Oct)
||Queen's Bench Division
||The claimant appeared in person.
||David Griffiths (instructed by the Legal Services Department of the West Midlands Police Authority) for the defendant.
||25 October 2006
Evidence - Witness - Witness of fact - Court order requiring claimant to comply with certain conditions in order to rely on witness of fact - Claimant failing to comply with all requirements - Claimant debarred from relying on witness of fact - Whether appropriate to grant relief from sanction - Civil Procedure Rules 1998, SI 1998/3132, r 3.9.
The court allowed the claimant's appeal against a decision refusing him permission to rely upon a witness of fact, where he had been debarred from relying on that witness because he had failed to comply with the terms of an order which had required him to serve and file a copy of a letter signed by the witness stating, inter alia: that he had paid or made irrevocable arrangements to pay the witness for his attendance which arrangements the witness had accepted; and that he had warned the witness that the latter would be required to attend on one or more days of trial. The court went on to comment that if a court is asked in any future case to make an order in similar terms to the order made in the instant case in respect of a witness of fact, it would be expected to give very careful consideration to the justice of making an order in such severe terms, and full reasons for it were to be recorded.
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