Taking Irish company to Court in the UK - Defendant notice to rely upon Heresay

[Daniella]

Hi all,

So evidence bundles are in for my case against Ryanair - they have sent a Witness Statement by LADY A and then this Defendant Notice to Rely Upon Heresay sheet - due to being in Ireland when the case is being heard in Wales.

She basically states she thinks it would be too expensive to travel to Wales and that the extent of her oral evidence would be limited.

How do I cross-examine her? can I object to her not attending, or better yet, have her evidence/witness statement thrown out?

Thanks!

[des8]

Re: Taking Irish company to Court in the UK - Defendant notice to rely upon Heresay

CPR 33.4
Power to call witness for cross-examination on hearsay evidence

33.4
(1) Where a party –
(a) proposes to rely on hearsay evidence; and
(b) does not propose to call the person who made the original statement to give oral evidence,
the court may, on the application of any other party, permit that party to call the maker of the statement to be cross-examined on the contents of the statement.
(2) An application for permission to cross-examine under this rule must be made not more than 14 days after the day on which a notice of intention to rely on the hearsay evidence was served on the applicant.

[Daniella]

Re: Taking Irish company to Court in the UK - Defendant notice to rely upon Heresay

Would I have to pay for that?

[des8]

Re: Taking Irish company to Court in the UK - Defendant notice to rely upon Heresay

Would I have to pay for that?

Probably yes,but can't find exact cost.
EX50 leaflet says "Your local court will be ableto help you identify any fee not contained in this leaflet"

[CLL1]

Re: Taking Irish company to Court in the UK - Defendant notice to rely upon Heresay

You will need leave of the Court to call the witness for cross examination. (S3, CEA 1995 and CPR 33.4).

Do bear in mind that if you lose the case, you'll foot the expenses of the witness travelling.