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Question re Gillet v Holt

Question re Gillet v Holt

Postby Earl » Thu Dec 29, 2016 11:46 am

Hi,
Reading this case I noted this comment,

'Not having heard Mr Holt or Mr Wood (although they were sitting together at the back of the court for most of the trial),'

This leads me to ask the question, why didn't they get heard?
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Re: Question re Gillet v Holt

Postby Smouldering Stoat » Thu Dec 29, 2016 1:24 pm

Presumably because they chose not to speak.
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Re: Question re Gillet v Holt

Postby Earl » Thu Dec 29, 2016 2:42 pm

I thought it was possibly because they did not make a witness statement and thus could not be cross examined.

So a respondent can refuse to be cross examined on his defence statement.
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Re: Question re Gillet v Holt

Postby dls » Thu Dec 29, 2016 7:49 pm

So a respondent can refuse to be cross examined on his defence statement.

at possible great expense to his case.

It would not be unusual for a party not to be cross examined because his statement is just accepted.
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Re: Question re Gillet v Holt

Postby atticus » Thu Dec 29, 2016 7:55 pm

A person who gives evidence in a civil case may not refuse to be cross examined.
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