Accident Exchange Ltd v Autofocus Ltd

Accident Exchange Ltd v Autofocus Ltd

The exhibits to witness statements, being material collected on which a potential witness may be called to give evidence, are not subject to witness immunity. The immunity extends only to the content of the evidence given or prepared to be given, not to the acts of collecting or fabricating material prior to the preparation of the statement.

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
Outcome
Application dismissed
Legal Topics
Witness Immunity, Fraud, Conspiracy, Deceit, Unlawful Means, Evidence
Tort Law Civil Procedure Witness Immunity Fraud Conspiracy Deceit Unlawful Means Evidence

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Parties

Accident Exchange Limited

Claimant

Autofocus Limited

Defendant

Procedural Posture

Civil / Application to Strike Out or for Summary Judgment

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 to witness statements, being material collected on which a potential witness may be called to give evidence, are not subject to witness immunity. The immunity extends only to the content of the evidence given or prepared to be given, not to the acts of collecting or fabricating material prior to the preparation of the statement.

Court Disposition

Application dismissed

Orders

  • Application to strike out or for summary judgment is dismissed
  • Parties to consider amendments to the Particulars of Claim to reflect what is now conceded to be subject to immunity