Jackson v Hayes & Jarvis (Travel) Ltd [2022] EWHC 453 (QB) (27 January 2022)

The application was refused because there was insufficient evidence that the defendant's witnesses would face insurmountable difficulties attending in person, and the interests of justice in a significant, high-value case favored in-person testimony. The application was considered premature, as the defendant had not fully investigated the witnesses' ability or willingness to attend in person.

Citation: [2022] EWHC 453
Parties: Claimant/respondent: Anita Jackson; Defendant/applicant: Hayes & Jarvis (Travel) Ltd
Jurisdiction: England and Wales
Judgment Date: 27 January 2022
Procedural Posture: Personal Injury Claim / Interlocutory Application Before Trial
Outcome: Application refused
Legal Topics: Remote Evidence, Video Link Testimony, Case Management, Liability Trial, Travel Restrictions Due to COVID 19

Civil Procedure Personal Injury Remote Evidence Video Link Testimony Case Management Liability Trial Travel Restrictions Due to COVID 19

Case Brief

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Full judgment text Downloadable case file Legal principles 4 Authorities cited 4 Party arguments 2 Amounts and remedies 1

Parties

Anita Jackson

Claimant/respondent

Hayes & Jarvis (Travel) Ltd

Defendant/applicant

Procedural Posture

Personal Injury Claim / Interlocutory Application Before Trial

Legal Issues

1 Whether the defendant's witnesses based in Kenya should be permitted to give evidence via video link at the liability trial instead of attending in person

Ratio Decidendi

Court Disposition

Application refused

Orders

Defendant's application for its witnesses to give evidence by video link is refused.