Douglas& Ors v Hello Ltd & Ors

Douglas& Ors v Hello Ltd & Ors

Where a party puts in a witness statement as hearsay evidence under CPR 32.5(5) and does not call the maker, the opposing party may apply under CPR 33.4(1) to cross-examine the maker of the statement. The court has discretion to allow such cross-examination, limited to the contents of the statement. The judge's decision to permit cross-examination was within jurisdiction and consistent with the overriding objective of the CPR.

Parties
Respondent/claimant: Michael Douglas; Respondent/claimant: Catherine Zeta-Jones; Respondent/claimant: Northern & Shell PLC; Appellant/defendant: Hello Limited; Appellant/defendant: Hola S A; Appellant/defendant: Eduardo Sanchez Junco; Appellant/defendant: Marquesa de Varela; Appellant/defendant: Neneta Overseas Limited; Appellant/defendant: Philip Ramey
Jurisdiction
England and Wales
Judgment Date
03 March 2003
Procedural Posture
Civil Appeal / Appeal From High Court Interlocutory Order
Outcome
Appeal dismissed
Legal Topics
Hearsay Evidence, Witness Statements, Cross Examination, Civil Procedure Rules
Civil Procedure Hearsay Evidence Witness Statements Cross Examination Civil Procedure Rules

Case Brief

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Parties

Michael Douglas

Respondent/claimant

Catherine Zeta-Jones

Respondent/claimant

Northern & Shell PLC

Respondent/claimant

Hello Limited

Appellant/defendant

Hola S A

Appellant/defendant

Eduardo Sanchez Junco

Appellant/defendant

Marquesa de Varela

Appellant/defendant

Neneta Overseas Limited

Appellant/defendant

Philip Ramey

Appellant/defendant

Procedural Posture

Civil Appeal / Appeal From High Court Interlocutory Order

Legal Issues

  1. 1 Whether a party relying on a witness statement as hearsay evidence under CPR 32.5(5) entitles the opposing party to cross-examine the maker of the statement under CPR 33.4(1)

Ratio Decidendi

Where a party puts in a witness statement as hearsay evidence under CPR 32.5(5) and does not call the maker, the opposing party may apply under CPR 33.4(1) to cross-examine the maker of the statement. The court has discretion to allow such cross-examination, limited to the contents of the statement. The judge's decision to permit cross-examination was within jurisdiction and consistent with the overriding objective of the CPR.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs