PERMISSION TO RELY ON A WITNESS SUMMARY: DOES THE APPLICANT NEED TO SHOW THE WITNESS HAS REFUSED TO GIVE A STATEMENT? RELIEF FROM SANCTIONS (OH, AND THAT WITNESS FORMERLY KNOWN AS “PRINCE”)

Cases on witness summaries are fairly rare.  Here we have issues relating to witness summaries considered in the context of a high profile witness.   The judgment explains when a witness summary can be used.  More specifically whether a party can attempt to rely on a summary in circumstances where t...