UNSUCCESSFUL APPEAL: DEFENDANT REFUSED RELIEF FROM SANCTIONS

UNSUCCESSFUL APPEAL: DEFENDANT REFUSED RELIEF FROM SANCTIONS

Appealing a decision concerning relief from sanctions is always an uphill struggle.  This can be seen in the judgment of Mr Justice Zacaroli in Smith v Lloyd [2022] EWHC 2414 (Ch).  This was an unsuccessful appeal against a decision to…

PROCEDURAL AND EVIDENTIAL PROBLEMS WHEN REPRESENTING FOREIGN DEFENDANTS: WITNESSES COULD NOT GIVE EVIDENCE BY VIDEO LINK: AN INCORRECT TRANSLATION OF A REPORT HAD BEEN PROVIDED

PROCEDURAL AND EVIDENTIAL PROBLEMS WHEN REPRESENTING FOREIGN DEFENDANTS: WITNESSES COULD NOT GIVE EVIDENCE BY VIDEO LINK: AN INCORRECT TRANSLATION OF A REPORT HAD BEEN PROVIDED

The judgment of HHJ Howells in Evans v R&V Allgemeine Verischerung AG [2022] EWHC 2436 (QB) shows the difficulties that can occur when representing foreign defendants.   The defendant was not permitted to allow witnesses to give video evidence from abroad. …