Daniel Lightman QC & Stephanie Thompson “Restricting evidence & cross-examination”
In a recent article in the New Law Journal, Daniel Lightman QC and Stephanie Thompson discuss two recent High Court judgments – HRH The Duchess of Sussex v Associated Newspapers Limited [2020] EWHC 1058 (Ch) and Christoforou v Christoforou [2020] EWHC 1196 (Ch) – in which parts of a statement of case were struck out on case management grounds. Both cases are notable examples of the Court adopting a robust approach to the use of its wide powers under the CPR to avoid the cost and distraction of the pursuit of side issues – including, in Christoforou (in which they both appeared for the party which successfully applied to strike out), by prohibiting those side issues from being addressed in witness statements or being the subject of cross-examination at trial.
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