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Society of Lloyd's v Geoffrey and Others

7 August 2000
The issues

Whether party can put in other party’s statement as hearsay notice

The decision

A party after serving a statement of his witness on the opposing party in accordance with pre Trial directions decided not to call that witness to give evidence. The Court had no power to order the party to call his witness to give evidence. However, it was open to any party in the litigation to put the statement in as hearsay evidence under Rule 35.5 (5) Civil Procedure Rules which had reversed Order 38 Rule 2 A (6) RCA under which no other party could put the evidence in Trial.

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