EWHC 2951 (Comm)
A short reminder that during any hearing, whether litigation or arbitration, while giving evidence, you should not discuss the case (or your evidence) with anyone. In the case here, the witness was specifically instructed by the Judge, in the usual way, not to discuss the case with any members of his legal team or with his wife, other family members or any of his friends. Despite the instruction, the witness in question did discuss the case and evidence over the weekend. This was discovered and as the Judge noted: “set in motion a train of events which resulted in the waste of nearly a complete court day”. Unsurprisingly, it was submitted that this reflected poorly upon the credibility of those concerned. With a degree of understatement, the Judge agreed that this was a proportionate and practical approach, and no doubt something the Judge took into consideration in drafting his judgment.