Kovacic v Personal Representatives of Estate of Norma Wroe (deceased)

Court of Appeal – Evidence. The Court of Appeal Civil Division refused the claimant permission to appeal in regard to the permission of the judge to call witness and also the award of damages for his personal injury. The court held that, if the witnesses were not there when the judge was ready to hear them, that might be unfortunate but was not a sufficient ground for granting permission to appeal when the only consequence would be that there would have to be a retrial with all the difficulties of witnesses having to remember events even longer ago.

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