R v Arts Council of England, ex parte Women's Playhouse Trust
| Jurisdiction | England & Wales |
| Judgment Date | 20 August 1997 |
| Date | 20 August 1997 |
| Court | Queen's Bench Division |
Queen's Bench Division
Practice - judicial review - cross-examination
In a judicial review hearing where a jurisdictional fact was not in dispute, a court would not order cross-examination of witnesses on their affidavits unless it considered their evidence might be misleading or in material respect incomplete.
Mr Justice Laws so stated in the Queen's Bench Division in a reserved judgment on July 29 dismissing a summons applying for discovery under Order 24 of the Rules of the Supreme Court and for leave to cross-examine deponents to affidavits under Order 38, rule 2(3).
The summons was issued in judicial review proceedings brought by Women's Playhouse Trust challenging the Arts Council's refusal of its application for lottery funds.
HIS LORDSHIP, examining the principles on which interlocutory orders were properly made in judicial review, looked at considerations applying to the application to cross-examine. Even if discovery were appropriate it would not necessarily be right to order cross-examination.
There were certainly some judicial review cases in which it...
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