Cases

McPhilemy v Times Newspapers Ltd (No.2)

Held

CPR Part 32.5 did allow a party to put a witness statement in as hearsay evidence where that statement had been served by another party but the witness had not been called by that party. This had changed the position as it used to be under the RSC but did not change the basic rules of evidence. These basic rules prohibited a party from adducing evidence which was generally contrary to his own case on the basis that s/he would invite the Court to disbelieve a substantial part of that evidence. In this particular case, the application of this rule was unsatisfactory as the jury had asked expressly why it had not heard evidence from A. However unfortunate, this was a product of the adversarial system.

Also