The London Litigation Letter

Unreliable, absent and unprotected witnesses - witness issues in English litigation.

In this update we consider two recent cases which have highlighted significant issues that can arise in regard to witnesses in English litigation.

In the first case, Deripaska v Cherney [2012] EWCA Civ 1235, the Court of Appeal refused an appeal from a decision at first instance not to grant witness protection orders in regard to witnesses said to be at risk of reprisals due to their knowledge or involvement in criminal gangs. In the second, Slocom Trading Ltd v Tatik Inc and others [2012] EWHC 3464 (Ch), the High Court offered guidance on evaluating the reliability of a witness, and inferences to be drawn when a witness refuses to give evidence.