Accident Exchange Ltd v Autofocus Ltd [2009] EWHC 3304 (QB) (16 December 2009)

Accident Exchange Ltd v Autofocus Ltd [2009] EWHC 3304 (QB) (16 December 2009)

The exhibits prepared by the Defendant's employees, being material collected prior to and for the purpose of giving evidence, are not protected by witness immunity; only the content of the evidence given or prepared to be given is protected. Therefore, the Claimant's action is not barred by the witness immunity rule.

Citation
[2009] EWHC 3304 (QB)
Parties
Claimant: Accident Exchange Limited; Defendant: AutoFocus Limited
Jurisdiction
England and Wales
Judgment Date
16 December 2009
Procedural Posture
Civil / Application to Strike Out or for Summary Judgment at Early Stage
Outcome
Application dismissed
Legal Topics
Witness Immunity, Fraud, Conspiracy, Deceit, Interference With Business
Civil Procedure Tort Law Witness Immunity Fraud Conspiracy Deceit Interference With Business

Case Brief

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Parties

Accident Exchange Limited

Claimant

AutoFocus Limited

Defendant

Procedural Posture

Civil / Application to Strike Out or for Summary Judgment at Early Stage

Legal Issues

  1. 1 Whether the witness immunity rule bars claims based on alleged fabrication of evidence by employees of the Defendant
  2. 2 Whether exhibits to witness statements are covered by witness immunity

Ratio Decidendi

The exhibits prepared by the Defendant's employees, being material collected prior to and for the purpose of giving evidence, are not protected by witness immunity; only the content of the evidence given or prepared to be given is protected. Therefore, the Claimant's action is not barred by the witness immunity rule.

Court Disposition

Application dismissed

Orders

  • Application to strike out or for summary judgment is dismissed
  • Parties to provide corrections and a draft order before judgment is handed down