Desmond v Bower

Desmond v Bower

The Court of Appeal held that the trial judge erred in law by excluding the possibility of admitting similar fact evidence relating to subsequent events and by refusing permission to issue the witness summons on that basis. The Omid evidence was potentially relevant and probative of the pleaded issues and should be available for the trial judge to assess its admissibility at trial. The appeal was allowed and permission to issue the witness summons was granted.

Parties
Claimant / Respondent: Richard Desmond; Defendant / Appellant: Tom Bower
Jurisdiction
England and Wales
Judgment Date
07 July 2009
Procedural Posture
Civil Appeal / Appeal From High Court Pre Trial Review Decision
Outcome
Appeal allowed
Legal Topics
Witness Summons, Similar Fact Evidence, Case Management, Justification in Libel, Admissibility of Evidence
Defamation Civil Procedure Witness Summons Similar Fact Evidence Case Management Justification in Libel Admissibility of Evidence

Case Brief

Summary, issues, holding and outcome

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Parties

Richard Desmond

Claimant / Respondent

Tom Bower

Defendant / Appellant

Procedural Posture

Civil Appeal / Appeal From High Court Pre Trial Review Decision

Legal Issues

  1. 1 Whether permission should be granted to issue a witness summons for Jafar Omid less than seven days before trial
  2. 2 Whether similar fact evidence relating to subsequent events is admissible in justification of a specific libel meaning
  3. 3 Whether the trial judge erred in law in refusing the application based on relevance and case management

Ratio Decidendi

The Court of Appeal held that the trial judge erred in law by excluding the possibility of admitting similar fact evidence relating to subsequent events and by refusing permission to issue the witness summons on that basis. The Omid evidence was potentially relevant and probative of the pleaded issues and should be available for the trial judge to assess its admissibility at trial. The appeal was allowed and permission to issue the witness summons was granted.

Court Disposition

Appeal allowed

Orders

  • Permission granted to issue witness summons for Jafar Omid and his documents