In civil proceedings witnesses are commonly present throughout an entire action. On occasions a request is made that witnesses be excluded. There is little authority for the proposition that a court can exclude witnesses or guidance as to how the discretion should be exercised. This issue was cons...
What about Moore v Lambeth County Court Registrar [1969] 1 WLR 141? And also Regina v Murphy and Douglas (1837) 173 E.R. 502 and Selfe v Isaacson (1859) 175 E.R. 688?
And the White Book 32.1.4.3: No rule of law requires that in a trial witnesses must remain out of court until their turn to give testimony arises; it is purely a matter within the discretion of the court (Moore v Lambeth County Court Registrar [1969] 1 W.L.R. 141, CA; In re Nightingale, Green v Nightingale [1975] 1 W.L.R. 80; and R (Elvington Park Ltd) v York Crown Court [2011] EWHC 2213 (Admin), August 26, 2011 unrep., and authorities referred to there). In Luckwell v Limata [2014] EWHC 536 (Fam), February 13, 2014, unrep. (Holman J.), it was stated that a judge should only exclude witnesses if satisfied, on the facts and in the circumstances of the particular situation, that it would, for good reasons, be an appropriate step to take.