Kimathi & Ors v The Foreign & Commonwealth Office

Kimathi & Ors v The Foreign & Commonwealth Office

There is no entitlement as of right for the Defendant to cross-examine translators who have filed verifying affidavits under CPR 32 PD 23.2. The court retains discretion to allow such cross-examination but, applying the overriding objective, it is neither just nor proportionate to require the translators to attend for cross-examination in this case. The Defendant's concerns can be addressed through other means, including submissions and evidence already available.

Parties
Claimants: Eloise Mukami Kimathi & Others; Defendant: The Foreign & Commonwealth Office
Jurisdiction
England and Wales
Judgment Date
24 November 2016
Procedural Posture
Civil / Interlocutory Application Ruling
Outcome
Defendant's application dismissed
Legal Topics
Cross Examination, Translation of Evidence, Witness Statements, Affidavits, Case Management
Civil Procedure Cross Examination Translation of Evidence Witness Statements Affidavits Case Management

Case Brief

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Parties

Eloise Mukami Kimathi & Others

Claimants

The Foreign & Commonwealth Office

Defendant

Procedural Posture

Civil / Interlocutory Application Ruling

Legal Issues

  1. 1 Whether the Defendant is entitled to cross-examine translators who verified translations of witness statements under CPR 32 PD 23.2
  2. 2 Whether the court should exercise its discretion to allow cross-examination of translators in light of the overriding objective

Ratio Decidendi

There is no entitlement as of right for the Defendant to cross-examine translators who have filed verifying affidavits under CPR 32 PD 23.2. The court retains discretion to allow such cross-examination but, applying the overriding objective, it is neither just nor proportionate to require the translators to attend for cross-examination in this case. The Defendant's concerns can be addressed through other means, including submissions and evidence already available.

Court Disposition

Defendant's application dismissed

Orders

  • Translators listed at Exhibit AJR5/1 are not required to attend court for cross-examination.