“JUDGE MURRAY-SMITH: “All right? Thank you very much and also this is a three-hour fast-track trial. We do not have time to deal with an application made ad hoc on the morning of a fast-track trial which has been made without notice. It’s not within the interests of justice, it’s not fair and proportionate to those parties to delay the commencement of trial any further.”
“The claimant is correct in his assertion that a witness statement which stands as evidence in chief is open to inspection during the course of the trial “unless the court otherwise directs”
“The passage quoted in The White Book from the judgment of the Supreme Court in Cape Intermediate Holdings Ltd v Dring[2019] UKSC 38 to which the Judge refers, deals with applications made after the conclusion of a trial.”
“However the judge nonetheless went on to effectively deal with the matter under part 32.13(3). She determined that the witness statements “contain sensitive medical and other information, so I would be minded in any event to have refused the application.”
“Where a claim is academic, ie there is no longer a case to be decided which will directly affect the rights and obligations of the parties to the claim, it will generally not be appropriate to bring judicial review proceedings. An example is the situation where the defendant has agreed to reconsider the decision challenged. Where the claimant has become academic since it was issued, it is generally inappropriate to pursue the claim.”
“In exceptional circumstances the court may decide to proceed with a claim even though the outcome has become academic for the claimant. The court may do so, for example, when a large number of similar cases exist or are anticipated, or at least some of the cases exist or are anticipated and a decision will not be fact sensitive.”
“(1) A witness statement which stands as evidence in chief is open to inspection during the course of a trial unless the court otherwise directs. (2) Any person may ask for a direction that a witness statement is not open to inspection. (3) The court will not make a direction under subparagraph (2) unless it is satisfied that a witness statement should not be open to inspection because of (a) the interests of justice; (b) the public interest; (c) the nature of any expert medical evidence in the statement; (d) the nature of confidential information (including information relating to personal financial matters) in the statement; or (e) the need to protect the interests of a child or protected party.” and subparagraph (4) says: “The court may exclude from inspection words or passages in the statement.” (a) the interests of justice; (b) the public interest; (c) the nature of any expert medical evidence in the statement; (d) the nature of confidential information (including information relating to personal financial matters) in the statement; or (e) the need to protect the interests of a child or protected party.”
“I also reject an argument made by counsel for Mr Ashley that it is implicit inCPR 32.13 that a non-party cannot be allowed to inspect a witness statement until the evidence stands as evidence in chief.CPR 32.13 gives a non-party, unless the court otherwise directs, an automatic right to inspect a witness statement which stands as evidence in chief during the course of a trial, without the need to obtain the court’s permission to do so.”
“Rule 32.13 recognises that the modern practice of treating a witness statement as evidence in chief means that those observing the proceedings will not know the content of that evidence unless they can inspect the statement. The rule puts them back in the position they would have been in before that practice was adopted.”
“[a]vailability of witness statements for inspection”
“The practical effect of Dring, so far as r.32.13 is concerned, is to extend the period for “inspection” of witness statements beyond the “course of the trial”