Witness Summons in UK Law

Leading Cases
  • Tajik Aluminium Plant v Hydro Aluminium as
    • Court of Appeal (Civil Division)
    • 19 February 2007

    Whatever may be the origin of the present rules, there are in my view clear distinctions to be drawn between an order for disclosure made against a third party and a witness summons to produce documents. An order for disclosure normally directs the person to whom it is addressed to carry out a reasonable search for documents in his possession falling within classes which are often broadly described and to list them for the information of the parties to the proceedings.

    Rule 34.2 does not contain any provision comparable to section 2(4) of the Evidence (Proceedings in Other Jurisdictions) Act 1975, but Lord Fraser's observations are nonetheless helpful because they provide an example of the ways in which, without describing them individually, it may be possible to identify the documents to be produced with sufficient certainty to leave no real doubt in the mind of the person to whom the summons is addressed about what he is required to do.

  • Lee Stewart Barnaby v DPP
    • Queen's Bench Division (Administrative Court)
    • 06 February 2015

    Given these facts, it was appropriate to admit this res gestae evidence notwithstanding, in a strict sense, Ms Gibb was available as a witness, for instance if the court had issued a witness summons.

  • Senior v Holdsworth, ex parte Independent Television News Ltd
    • Court of Appeal (Civil Division)
    • 26 March 1975

    The law, as it now stands, does not enable the Court to refuse to issue a witness summons (or subpoena) for the production of documents upon due application. The remedy available to the person served is to move to set the summons aside. Further, even if the document sought be relevant and not otherwise privileged from production, the Court has a residual discretion in certain circumstances to protect the document and set the summons aside.

  • R (B) v Stafford Crown Court
    • Queen's Bench Division (Administrative Court)
    • 03 July 2006

    In my judgment, procedural fairness in the light of Article 8 undoubtedly required in the present case that TB should have been given notice of the application for the witness summons, and given the opportunity to make representations before the order was made. Since the rules did not require this of the person applying for the summons, the requirement was on the court as a public authority, not on W, the defendant.

  • R v Derby Magistrates' Court, ex parte B
    • House of Lords
    • 22 June 1995

  • R (Brooks) v Parole Board and Secretary of State for the Home Department
    • Court of Appeal (Civil Division)
    • 10 February 2004

    However, by 19 th December 2002 it was clear to everyone involved —the Secretary of State, the claimant's solicitors and no doubt the Parole Board panel, that Shirley Langhorne did not propose to attend on the following day. That had certain advantages so far as the claimant was concerned, and his solicitor had the opportunity overnight to consider the situation.

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Legislation
  • The Criminal Procedure Rules 2015
    • UK Non-devolved
    • January 01, 2015
    ... ... PART 16: WRITTEN WITNESS STATEMENTS ... ...
  • The Family Procedure Rules 2010
    • UK Non-devolved
    • January 01, 2010
    ... ... of the Service or a Welsh family proceedings officer appointed to witness the documents which signify a parent's or guardian's consent to the ... (Section F18531N of the 1984 Act provides that where a summons or other process issued from F184the family court is served by an officer ... ...
  • Civil Procedure Rules 1998
    • UK Non-devolved
    • January 01, 1998
    ... ... from an unrepresented party the matters about which the witness may be able to give evidence or on which the witness ought to be ... summonsesRule 34.2Issue of a witness summonsRule 34.3Witness summons in aid of inferior court or of tribunalRule 34.4Time for serving a witness ... ...
  • Criminal Procedure (Attendance of Witnesses) Act 1965
    • UK Non-devolved
    • January 01, 1965
    ... ... 5 para. 2 (with s 78(1)); S.I. 1997/683, art. 1 ... Issue of witness summons on application ... 2: Issue of witness summons on application to ... ...
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Books & Journal Articles
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Law Firm Commentaries
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Forms
  • Witness summons
    • HM Courts & Tribunals Service court and tribunal forms
    County Court forms including the N1 money claim form.
  • Witness Summons
    • HM Courts & Tribunals Service court and tribunal forms
    Forms relating to adoption, including those to request adoption, placement and parental orders.
  • Request for a Witness Summons
    • HM Courts & Tribunals Service court and tribunal forms
    Special Educational Needs and Disability (SEND) Tribunal forms including the education, health and care (EHC) plan form to appeal against a decision.
  • Order for the issue of witness summons under section 36 of the Senior Courts Act 1981
    • HM Courts & Tribunals Service court and tribunal forms
    King's Bench forms for use in cases such as personal injury, negligence and breach of contract.
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