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)

Exhibits containing material collected or fabricated prior to the preparation of witness statements are not protected by witness immunity; only the content of the evidence given or prepared for giving evidence is protected.

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

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Parties

Accident Exchange Limited

Claimant

AutoFocus Limited

Defendant

Procedural Posture

Application to Strike Out or for Summary Judgment / Preliminary Hearing, Early Stage

Legal Issues

  1. 1 Whether exhibits to witness statements are protected by witness immunity
  2. 2 Scope of witness immunity in relation to fabricated evidence

Ratio Decidendi

Exhibits containing material collected or fabricated prior to the preparation of witness statements are not protected by witness immunity; only the content of the evidence given or prepared for giving evidence is protected.

Court Disposition

Application dismissed

Orders

  • Claimant's action may proceed; exhibits do not attract witness immunity
  • Amendments to Particulars of Claim may be required to reflect conceded immunity