Witnesses out of the jurisdiction—judges acting as special examiners under CPR 34.13 (Skatterforvaltningen v Solo Capital)

Article summary

Dispute Resolution analysis: The judgment of Mr Justice Andrew Barker considers the circumstances in which a trial judge can appoint themselves as a special examiner pursuant to CPR 34.13(4), adjourn a trial, and take a deposition outside of the jurisdiction for the purpose of adducing that evidence, or some record of it, at trial in due course. In particular, the judgment considers the basis on which such an application might be made, and the pros and cons of such an approach, both in the context of the judge's own obligations and the pros and cons of providing evidence via video link. Following a useful review and analysis of previous caselaw and the Civil Procedure Rules (CPR), the court held that there were clear difficulties with the suggested approach, and that whilst the provision of evidence at trial via video link would not be optimal, it would be preferable in the circumstances. The application for the...