National Crime Agency v Azam [2014] EWHC 4742 (QB) (06 May 2014)

National Crime Agency v Azam [2014] EWHC 4742 (QB) (06 May 2014)

The court refused the application because neither CPR 33.4 nor CPR 32.1 empowers the court to require a party to produce overseas witnesses for cross-examination as a precondition to relying on their evidence. Exclusion of evidence should only occur in exceptional circumstances where justice so requires, which was...

Source-derived case information.

Citation
[2014] EWHC 4742 (QB)
Parties
Claimant: National Crime Agency; Defendant: Amir Azam
Jurisdiction
England and Wales
Judgment Date
06 May 2014
Procedural Posture
Civil Recovery Order Application / Interlocutory Application Prior to Trial
Outcome
Application refused
Legal Topics
Hearsay Evidence, Cross Examination, Case Management, Civil Recovery, Exclusion of Evidence
Civil Procedure Proceeds of Crime Hearsay Evidence Cross Examination Case Management Civil Recovery Exclusion of Evidence

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Parties

National Crime Agency

Claimant

Amir Azam

Defendant

Procedural Posture

Civil Recovery Order Application / Interlocutory Application Prior to Trial

Legal Issues

  1. 1 Whether the court should order that if the defendant wishes to rely on the evidence of certain overseas witnesses, they must be called as witnesses and made available for cross-examination, failing which their evidence cannot be relied upon.
  2. 2 Whether CPR 33.4 or CPR 32.1 empowers the court to make such an order in these circumstances.

Ratio Decidendi

The court refused the application because neither CPR 33.4 nor CPR 32.1 empowers the court to require a party to produce overseas witnesses for cross-examination as a precondition to relying on their evidence. Exclusion of evidence should only occur in exceptional circumstances where justice so requires, which was not established here. The trial judge retains discretion to determine the weight to be given to hearsay evidence if the witnesses do not attend for cross-examination.

Court Disposition

Application refused

Orders

  • The NCA's application for an order requiring the defendant to produce the four overseas witnesses for cross-examination as a precondition to relying on their evidence is refused.