Jackson v Hayes & Jarvis (Travel) Ltd [2022] EWHC 453 (QB) (27 January 2022)
The application was refused because the defendant failed to provide sufficient evidence that its witnesses would face insurmountable difficulties attending in person, and the interests of justice in a significant, high-value case were best served by in-person testimony.
- Citation
- [2022] EWHC 453 (QB)
- 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 Prior to Liability Trial
- Outcome
- Application refused
- Legal Topics
- Remote Evidence, Video Link Testimony, Case Management, Liability Trial, Travel Restrictions Due to COVID 19
Case Brief
Summary, issues, holding and outcome
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Parties
Anita Jackson
Claimant/respondent
Hayes & Jarvis (Travel) Ltd
Defendant/applicant
Procedural Posture
Personal Injury Claim / Interlocutory Application Prior to Liability 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
The application was refused because the defendant failed to provide sufficient evidence that its witnesses would face insurmountable difficulties attending in person, and the interests of justice in a significant, high-value case were best served by in-person testimony.
Court Disposition
Application refused
Orders
- Defendant's application for its witnesses to give evidence via video link is refused.
Full Case Text
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