The Court of Appeal also ruled, however, that the new evidence regarding the risk of extradition to Ukraine (with which, unlike Kazakhstan, the UK has entered into an extradition treaty) amounted to a material change of circumstance which meant that the application to
give videolink evidence from Switzerland had to be considered afresh.
Not exact matches
Tracey has spent considerable time in Nairobi to support claimants in gathering evidence and when claimants
gave their depositions by
videolink from Nairobi.
There the question was whether the trial would be fairly conducted if Polanski
gave his evidence by
videolink.
When the Commercial Court refused Khrapunov's application to
give evidence by
videolink from Switzerland, it did so on essentially 3 grounds: (1) Khrapunov had delayed too long before applying; (2) so far as the risk of extradition to Kazakhstan was concerned, that risk would be no greater in England than it is in Switzerland; and (3) so far as the risk of extradition to Russia or Ukraine was concerned, there was no evidence of criminal proceedings against Khrapunov in either jurisdiction.
He has mounted several challenges to that Order, to the Court's later Order that he be cross-examined on his asset disclosure, and to the Court's refusal to permit him to
give evidence by
videolink from Switzerland.
There were significant problems attending the
giving of evidence by
videolink from Switzerland: it would be illegal under Swiss law unless conducted according to Swiss rules, one of which was that the witness could not be compelled to answer any particular question.
In 2005 the House of Lords, by a bare majority, ruled that a claimant who was not prepared to come to England to
give evidence at his defamation trial because he feared extradition to another country if he did, could be allowed to
give his evidence via a
videolink from France: Polanski v. Conde Nast Publications Ltd [2005] 1 W.L.R. 637.
The Guardian reports on the latest «thinking» from our political masters over at the Ministry of Cheap Justice:» «Flash incarceration» of offenders who breach court orders, widespread naming online of those convicted, more witnesses
giving evidence via
videolink and Sunday court sittings are among measures outlined in government plans to speed up justice.»