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Cross-examining translators (Kimathi v FCO)

Cross-examining translators (Kimathi v FCO)
Published on: 01 December 2016
Published by: LexisPSL
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Article summary

Dispute Resolution analysis: The Queen's Bench Division has dismissed the defendant's application that translators of the claimants' foreign language witness statements be required to attend court for cross-examination. In doing so, it found that any power to make such an order existed under its general case management powers (CPR 3.1(2)(m)) as opposed to under Part 32 of the CPR. This decision is also interesting in its consideration of the distinction between translators of witness statements and interpreters for witnesses giving oral testimony. It also offers some practical tips for practitioners with concerns about the reliability and/or accuracy of translated witness statements. or take a trial to read the full analysis.

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