New Media Distribution Company SEZC Ltd v Kagalovsky

Civil evidence – Witness – Expert evidence. The claimant company's application to have paragraphs excluded from the defendant's witness statement, which would have had the effect of introducing evidence from two experts, succeeded. The Chancery Division held that the evidence that the defendant sought to introduce was not evidence that he, as a non-expert, could have given himself as a witness of fact. One could not use a witness statement to adduce evidence that one could not give orally, and a witness could only properly address matters in a witness statement that he was competent to address. It was not right for a factual statement to be used to adduce expert evidence, when there were clear procedural rules that no party could call an expert or put in evidence an expert's report without the court's permission.

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