In the recent case of Widlake v BAA Ltd [2009] All ER (D) 246 (Nov), Ward LJ made the headline grabbing comment that "lies are told in litigation every day up and down the country and quite rightly do not lead to a penalty being imposed in respect of them." A striking recent example of dishonest evidence being given is the case of BSKYB Ltd v HP Enterprise Services UK Ltd [2010] EWHC 86 (TCC) where one of the witnesses claimed to have obtained an MBA from Concordia College and University, St Johns. He produced a certificate and transcripts as evidence of this. The barrister cross-examining the witness demonstrated that the degree was fake by obtaining documentation over the internet which was identical except that it was in the name of his miniature Schnauzer dog, Lulu, and showed that Lulu had scored higher marks than the witness.
This eBulletin considers the sanctions available to the court when a party adduces false evidence or exaggerates its case. It then looks at a few recent examples of the courts applying those rules in practice.
Click here to read the full eBulletin.
Geoff Steward, Partner
Geoff.steward@macfarlanes.com
Macfarlanes LLP 20 Cursitor Street London EC4A 1LT
T +44 (0)20 7831 9222 F +44 (0)20 7831 9607 DX 138 Chancery Lane
www.macfarlanes.com