Source: All England Reporter
Publisher Citation: [2008] All ER (D) 161 (Jun)
Court: Queen's Bench Division

Teare J

Representation Jonathan Ferris (instructed by Naser Taher, China) for the claimants.
  Lawrence Emmett (instructed by CMS Cameron McKenna) for the defendants.
Judgment Dates: 12 June 2008


Evidence - Mode of giving evidence - Video-link - Fourth claimant resident abroad - Fourth claimant having adverse costs order made against him - Fourth claimant not wishing to enter United Kingdom on basis of possible petition for bankruptcy and thus applying for use of video conference facility - Whether judge should order use of facility.

The Case

An application by the fourth claimant, who was resident in China, for the use of a video conference facility in committal proceedings was allowed. The position of the fourth claimant was an unattractive one, where he had sought to take advantage of a modern facility, but was unwilling to dispose himself in the United Kingdom to the consequences of disbelief. However, the adoption of a deeply unattractive position was not a good reason for denying him a modern fair trial.

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