OCADO GROUP plc v MR RAYMOND McKEEVE

OCADO GROUP plc v MR RAYMOND McKEEVE

The court has power under CPR 81.7 to make an order compelling witnesses to attend and be cross-examined by both parties in committal proceedings, given the unusual circumstances where evidence was irretrievably lost due to the respondent's actions and the witnesses' affidavits are material but not served by either party.

Parties
Claimant: Ocado Group plc; Claimant: Ocado Central Services Limited; Respondent: Raymond McKeeve
Jurisdiction
England and Wales
Judgment Date
21 December 2021
Procedural Posture
Committal Proceedings / Directions Hearing
Outcome
Order granted as sought by the claimants.
Legal Topics
Committal Proceedings, Witness Attendance, Cross Examination, Evidence Control
Civil Procedure Contempt of Court Committal Proceedings Witness Attendance Cross Examination Evidence Control

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Parties

Ocado Group plc

Claimant

Ocado Central Services Limited

Claimant

Raymond McKeeve

Respondent

Procedural Posture

Committal Proceedings / Directions Hearing

Legal Issues

  1. 1 Whether the court has power under CPR 81.7 to compel witnesses to attend and be cross-examined in committal proceedings
  2. 2 Whether the order sought is procedurally fair and appropriate in the circumstances

Ratio Decidendi

The court has power under CPR 81.7 to make an order compelling witnesses to attend and be cross-examined by both parties in committal proceedings, given the unusual circumstances where evidence was irretrievably lost due to the respondent's actions and the witnesses' affidavits are material but not served by either party.

Court Disposition

Order granted as sought by the claimants.

Orders

  • Mr. Henery and Mr. Hillary are compelled to attend the trial of the committal application for cross-examination by both parties.
  • Both parties may cross-examine the witnesses, with the respondent to go second.