If the accused was legally aided, or without funds to pay
further fees, the defence lawyer would just have to give up another evening or two doing the unpaid work preparing the
application for permission to call the real culprit as a witness.
So
far as the claim is founded on contract, Lady Brownlie's
application for permission to serve out was based on CPR 6BPD, para 3.1 (6)(a)(«the contract... was made within the jurisdiction»).