CIVIL PROCEDURE:BACK TO BASICS 9: THE COURT NOT ENTITLED TO REJECT WRITTEN EVIDENCE UNLESS IT IS “SIMPLY INCREDIBLE”

There is a short passage in Wards Solicitors v Hendawi [2018] EWHC 1907 (Ch) HHJ Paul Matthews (sitting as a judge of the High Court), that serves as a reminder of a basic principle in interlocutory proceedings - a court will not decide disputed issues of fact on the basis of written evidence.

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