Burnell v British Transport Commission
| Jurisdiction | England & Wales |
| Court | Court of Appeal |
| Judge | LORD JUSTICE DENNING,LORD JUSTICE HODSON,LORD JUSTICE MORRIS |
| Judgment Date | 01 December 1955 |
| Judgment citation (vLex) | [1955] EWCA Civ J1201-3 |
| Date | 01 December 1955 |
[1955] EWCA Civ J1201-3
Lord Justice Denning
Lord Justice Hodson and
Lord Justice Morris
In The Supreme Court of Judicature
Court of Appeal
Mr H. I. NELSON. Q.C. and Mr D. MEURIG EVANS (instructed by Messrs Murray, Napier & Co., Agents for Mr W. Francis Ryan, Cardiff) appeared on behalf of the Appellant.
Mr NORMAN RICHARDS, Q.C. and Mr H.W. SABIN (instructed by Mr M.H.B. Gilmour) appeared on behalf of the Respondents.
A point of practice has arisen because Mr Anzani, a witness, was called for the Plaintiff, and then Counsel on the other side, rising to cross-examine him, had a written statement in his hands on which he cross-examined Mr Anzani. He asked him whether he had not given a statement beforehand to the Transport Executive and had signed it, and he asked him whether he had not said certain things in that statement, to which the witness then agreed. The question is (and it was the question which Mr Justice Sellers had to decide) whether, in those circumstances, the examining Counsel had a right to call for the statement and to insist on it being put in evidence. Mr Justice Sellers ruled that he had that right. It seems to me that Mr Justice Sellers was correct, because, although this statement may well have been...
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Great Atlantic Insurance Company v Home Insurance Company
...or could fairly and effectively exercise any discretion designed to put the clock back and to undo what has been done. 25 In Burnell v. British Transport Commission (1956) 1 Queen's Bench 187 counsel for the defendant cross-examining a witness put to the witness certain observations made by......
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General Accident Fire and Life Assurance Corporation Ltd v Tanter (Zephyr)
...529, C.A. considered. The following cases are referred to in the judgment: Burnell v. British Transport Commission [1956] 1 Q.B. 187; [1956] 2 W.L.R. 61; [1955] 3 All E.R. 822, C.A. Doland (George) Ltd. v. Blackburn, Robson Coates & Co. [1972] 1 W.L.R. 1338; [1972] 3 All E.R. 959 Eurosh......
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Preliminary Sections
...212 Bunny v. Hopkinson (1859) 27 Bear 565: 29 LJ Ch. 93 ........ 2 Burnell v. British Transport Commission (1956) 1 Q.B. 187. .......78 Carl Zeiss Stifftung v. Rayner and Keeler Ltd. No.2 (1967) 1 A.C. 853. Christopher Onubogu & Anor. v. The State (1974) 9 S.C. 1. 27 .............................
