Cases

McPhilemy v Times Newspapers Ltd (No.2)

Facts

During the course of the Claimant's libel action, the Defendant chose not to call a particular witness ("A") for whom it had served two witness statements. Relying upon CPR 32.5, the Claimant sought to put in the witness statements to show the jury that he had changed his account in a material respect and to invite them to conclude that he was lying. The Judge refused the application on the grounds that, notwithstanding the wording of the rule, a party cannot advance evidence from which it seeks to resile. The Claimant appealed.

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