PI Practitioner, January 2017
16/01/17. Each issue a particular topic is highlighted, citing some of the useful cases and other materials in that area. You can also receive these for free by registering for our PI Brief Update newsletter. Just select "Free Newsletter" from the menu at the top of this page and fill in your email address.
Excluding parties from court
In Da Costa and Another v Sargaco and Another  EWCA Civ 764 the Court of Appeal considered whether the judge at first instance was wrong to exclude one claimant from court whilst his co-claimant gave evidence.
The case concerned an allegedly fraudulent road traffic accident. The second defendant (the first defendant's insurer) applied at the outset of the trial to exclude each claimant whilst the other gave evidence. The judge allowed the application and eventually found that the claims were fraudulent.
The Court of Appeal stated that a party has a prima facie right to...