Evidence in Committal Proceedings

Consolidated Contractors International Co SAL (2) Consolidated Contractors (Oil and Gas) Co SAL v Munib Masri [2011] EWCA Civ 21 (Sir Anthony May (President QB), Smith LJ, Aikens LJ) 21/1/2011

The Civil Procedure Rules (PD 32 para 4.2) require affidavit evidence to indicate the source for any matters of information or belief if that source was a person, the deponent must identify that person by name unless there are exceptional circumstances

This is so that there can be proper investigation of the facts in a case where a Defendant faces losing liberty.

There may well be situations in Anti Social Behaviour commital applications where witnesses will not wish to be identified; whether their fear of recrimination justifies their claiming anonymity will be decided on a case by case basis.

The case confirming this point is not a Housing case; the original judgment can be found here:

England and Wales Court of Appeal (Civil Division) Decisions - Consolidated Contractors International Company SAL & Anor v Masri

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