Jurisdiction(s):
United Kingdom

Civil evidence, hearsay and witness statements: practical guidance and costs warnings from Mohidin v Commissioner of Police of the Metropolis (England and Wales)

Published on: 13 October 2015

Published by a LexisNexis Dispute Resolution expert

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Article summary

Practical implications

The court expressed disquiet that an incident underpinning the claim, said to have lasted only a few minutes, had spawned 13 lever-arch files of paperwork and statements. It was especially struck, and alarmed, that anyone might consider sizeable portions of that material relevant, not least because, as matters unfolded, nobody ever contended that any of it was relevant, and I was not taken to a single page or line during the evidence or the submissions. The court made clear it would not hold against the individuals the inclusion within their witness statements of plainly irrelevant material, as it could not tell whether they chose to include it, whether it appeared on advice from others...or whether shortcuts were adopted, with witness statements drafted for other proceedings...being repurposed for these proceedings. It did, however, state that it would take into account the needless insertion in the bundles of hundreds of pages drawn from various proceedings and investigations which were both irrelevant and inadmissible, if any issue on costs arises (para [20]). The breadth and quantity of the material placed before the court, a point underscored by the absence of any reference to it in evidence or submissions made by anyone...

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