McCann v Bateman and Ors [2005] JRC 027B (10 March 2005)

McCann v Bateman and Ors [2005] JRC 027B (10 March 2005)

The interests of justice were best served by permitting Miss Critchlow to give evidence by video-link, given her absence was not due to evasive intent, the limited scope of the issue, minimal prejudice to the plaintiff, and the efficient management of related proceedings.

Citation
[2005] JRC 027B
Parties
Third Defendant: Miss Carla Critchlow; Plaintiff: Mr. McCann
Jurisdiction
Jersey
Judgment Date
10 March 2005
Procedural Posture
Civil / Pre Trial Review and Interlocutory Application
Outcome
Application granted
Legal Topics
Video Link Evidence, Witness Attendance, Discretion of Court
Civil Procedure Video Link Evidence Witness Attendance Discretion of Court

Case Brief

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Parties

Miss Carla Critchlow

Third Defendant

Mr. McCann

Plaintiff

Procedural Posture

Civil / Pre Trial Review and Interlocutory Application

Legal Issues

  1. 1 Whether leave should be granted for a defendant to give evidence by video-link from abroad
  2. 2 Appropriate exercise of judicial discretion regarding witness attendance

Ratio Decidendi

The interests of justice were best served by permitting Miss Critchlow to give evidence by video-link, given her absence was not due to evasive intent, the limited scope of the issue, minimal prejudice to the plaintiff, and the efficient management of related proceedings.

Court Disposition

Application granted

Orders

  • Miss Critchlow permitted to give evidence by video-link from Australia at the trial of liability.