Luckwell v Limata

Luckwell v Limata

Where a court is sitting in public, a witness (here, the wife's father) may be excluded from the courtroom during another witness's evidence only if the court is satisfied, on the facts and circumstances, that there is good reason to do so. In this case, to preserve the quality and reliability of evidence on disputed factual issues, it is appropriate to temporarily exclude the wife's father while the wife is cross-examined on those issues.

Parties
Petitioner/wife: Luckwell; Respondent/husband: Limata
Jurisdiction
England and Wales
Judgment Date
13 February 2014
Procedural Posture
Application for Financial Relief After Divorce / Interlocutory Application Regarding Exclusion of Witness During Cross Examination
Outcome
Application granted
Legal Topics
Open Justice, Exclusion of Witnesses, Financial Relief After Divorce, Prenuptial Agreements
Family Law Civil Procedure Open Justice Exclusion of Witnesses Financial Relief After Divorce Prenuptial Agreements

Case Brief

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Parties

Luckwell

Petitioner/wife

Limata

Respondent/husband

Procedural Posture

Application for Financial Relief After Divorce / Interlocutory Application Regarding Exclusion of Witness During Cross Examination

Legal Issues

  1. 1 Whether the court should exercise discretion to exclude a witness (the wife's father) from the courtroom during part of the wife's cross-examination in a public hearing
  2. 2 What is the correct approach to the exclusion of witnesses in family proceedings heard in public

Ratio Decidendi

Where a court is sitting in public, a witness (here, the wife's father) may be excluded from the courtroom during another witness's evidence only if the court is satisfied, on the facts and circumstances, that there is good reason to do so. In this case, to preserve the quality and reliability of evidence on disputed factual issues, it is appropriate to temporarily exclude the wife's father while the wife is cross-examined on those issues.

Court Disposition

Application granted

Orders

  • Mr Mike Luckwell (the wife's father) is to be temporarily excluded from the courtroom during the specified part of the wife's cross-examination. He is to be invited back as soon as questioning moves to other topics.