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Need to find the following case laws if anyone fancies an hour on google.
Linton v Williams haulage 2001 - ref settlement breach of protocol - cost penalties
wilson v first county trust ( and the other numerous wilson cases that lead to repeal of scetion 127 of cca 1974)
mealey horgan plc v horgan (1999) - ref service of disclosure out of time
aquarius financial enterprises v certain underwriters at lloyds 2001
cheers peeps.
Linton v Williams haulage 2001 - ref settlement breach of protocol - cost penalties
wilson v first county trust ( and the other numerous wilson cases that lead to repeal of scetion 127 of cca 1974)
mealey horgan plc v horgan (1999) - ref service of disclosure out of time
aquarius financial enterprises v certain underwriters at lloyds 2001
5 WITNESS STATEMENTS
5.1 In Aquarius Financial Enterprises Inc. v Certain Underwriters at Lloyds 2001 151 NLJ 694 it was said that where parties are legally represented it is the duty of the Solicitors to take any witness statements themselves, following the Law Society’s guide to professional conduct of Solicitors, or, where that is not practical, to see that they are taken by people who can be relied on to exercise the same standards. Where Barristers are involved, they must follow the rules and guidance in the Code of Conduct for the Bar in England and Wales. The witnesses own words should be used so far as practicable and the person taking the statement must not try to persuade the witness what he or she should say and not bully or make threats or offer inducements.
5.1 In Aquarius Financial Enterprises Inc. v Certain Underwriters at Lloyds 2001 151 NLJ 694 it was said that where parties are legally represented it is the duty of the Solicitors to take any witness statements themselves, following the Law Society’s guide to professional conduct of Solicitors, or, where that is not practical, to see that they are taken by people who can be relied on to exercise the same standards. Where Barristers are involved, they must follow the rules and guidance in the Code of Conduct for the Bar in England and Wales. The witnesses own words should be used so far as practicable and the person taking the statement must not try to persuade the witness what he or she should say and not bully or make threats or offer inducements.
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