National Crime Agency v Azam

National Crime Agency v Azam

The court refused the application, holding that CPR 33.4 does not empower the court to make an order requiring a party to produce a witness for cross-examination where that party is unable or unwilling to do so. The general power under CPR 32.1 to exclude evidence should only be exercised in exceptional circumstances, which were not present here. The trial judge remains best placed to determine the weight to attach to the evidence if the witnesses do not attend.

Parties
Claimant: National Crime Agency; Defendant: Amir Azam
Jurisdiction
England and Wales
Judgment Date
06 May 2014
Procedural Posture
Civil Recovery Proceedings / Interlocutory Application Ruling
Outcome
Application refused
Legal Topics
Hearsay Evidence, Cross Examination, Case Management, Civil Recovery Orders
Civil Procedure Proceeds of Crime Hearsay Evidence Cross Examination Case Management Civil Recovery Orders

Case Brief

Summary, issues, holding and outcome

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Parties

National Crime Agency

Claimant

Amir Azam

Defendant

Procedural Posture

Civil Recovery Proceedings / Interlocutory Application Ruling

Legal Issues

  1. 1 Whether the court should order that if the defendant wishes to rely on certain overseas witnesses, they must be called for cross-examination, failing which their evidence is excluded or given little weight
  2. 2 Whether CPR 33.4 and CPR 32.1 empower the court to make such an order in these circumstances

Ratio Decidendi

The court refused the application, holding that CPR 33.4 does not empower the court to make an order requiring a party to produce a witness for cross-examination where that party is unable or unwilling to do so. The general power under CPR 32.1 to exclude evidence should only be exercised in exceptional circumstances, which were not present here. The trial judge remains best placed to determine the weight to attach to the evidence if the witnesses do not attend.

Court Disposition

Application refused