Douglas& Ors v Hello Ltd & Ors [2003] EWCA Civ 332 (3 March 2003)

Douglas& Ors v Hello Ltd & Ors [2003] EWCA Civ 332 (3 March 2003)

CPR 33.4 applies to the situation where a party relies on hearsay evidence and does not call the witness; the court has discretion to permit cross-examination of the maker of the statement, regardless of which party prepared the statement.

Citation
[2003] EWCA Civ 332
Parties
Respondent/claimant: Michael Douglas; Respondent/claimant: Catherine Zeta-Jones; Respondent/claimant: Northern & Shell PLC; Appellant/defendant: Hello Limited; Appellant/defendant: Hola S A; Appellant/defendant: Eduardo Sanchez Junco; Appellant/defendant: Marquesa de Varela; Appellant/defendant: Neneta Overseas Limited; Appellant/defendant: Philip Ramey
Jurisdiction
England and Wales
Judgment Date
03 March 2003
Procedural Posture
Civil Appeal / Appeal From High Court (chancery Division) Interlocutory Order
Outcome
appeal dismissed
Legal Topics
Hearsay Evidence, Cross Examination, Witness Statements, Civil Procedure Rules
Civil Procedure Hearsay Evidence Cross Examination Witness Statements Civil Procedure Rules

Case Brief

Summary, issues, holding and outcome

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Parties

Michael Douglas

Respondent/claimant

Catherine Zeta-Jones

Respondent/claimant

Northern & Shell PLC

Respondent/claimant

Hello Limited

Appellant/defendant

Hola S A

Appellant/defendant

Eduardo Sanchez Junco

Appellant/defendant

Marquesa de Varela

Appellant/defendant

Neneta Overseas Limited

Appellant/defendant

Philip Ramey

Appellant/defendant

Procedural Posture

Civil Appeal / Appeal From High Court (chancery Division) Interlocutory Order

Legal Issues

  1. 1 Whether CPR 33.4 permits cross-examination of a witness whose statement is admitted as hearsay by another party
  2. 2 Whether the court has discretion to allow cross-examination in these circumstances

Ratio Decidendi

CPR 33.4 applies to the situation where a party relies on hearsay evidence and does not call the witness; the court has discretion to permit cross-examination of the maker of the statement, regardless of which party prepared the statement.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed with costs.