News
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Court Confirms Rules on Cross-Examination of Affidavit Deponents
THE MANX COURT CONFIRMS THE APPLICABLE TEST IN CONSIDERING WHETHER TO GRANT LEAVE TO CALL FOR THE CROSS EXAMINATION OF A DEPONENT TO AN AFFIDAVIT IN PROCEEDINGS.
In a Judgment delivered by His Honour the Deemster Kerruish QC on the 21st day of July 2005, in the Matter of the Application of Navigator Gas Management Limited, the Court confirmed the basis upon which leave would be given to require that the Deponent to an Affidavit in civil proceedings be required to attend Court to be cross examined upon that Affidavit.
The starting point for the Court’s jurisdiction flowed from Order 30 Rule 1 which provides, inter alia, that “that on the application of either party, the Court may Order the attendance to be cross examined, of the person making any such Affidavit.
In determining the criteria to be applied when dealing with such an application under that provision, the Court endorsed the approach of His Honour the Acting Deemster Moran QC in the Judgment in re: Kinrade a Judgment of the Chancery Division of the 14th May 2004 in that “The Court has a discretion to permit such cross examination but it is an exceptional cause which will rarely be allowed and only where justice requires it.
By way of exercising the discretion to allow such cross examination the Court would require that it be shown that there is (a) some proper factual issue requiring resolution (such as will be crucial as to whether or not there is a ground for judicial review) or (b) there is some proper basis for doubting in a relevant respect the accuracy or completeness of the evidential picture.”
Whilst recognising that the jurisdiction exists, and considering the nature of that discretionary jurisdiction, the Court, on the facts of this particular application, refused the Order sought.
