Oral evidence

R (G) v Ealing LBC and others (QBD LSG 25 April)

The court has retained its power to receive oral evidence and to order cross-examination of witnesses on their witness statements and affidavits at the substantive hearing of a judicial review despite the provision in CPR rule 54.16(1) disapplying rule 8.6. There is nothing in the CPR which prevents the Administrative Court in judicial review proceedings from hearing oral evidence and ordering the cross-examination of witnesses, whether under CPR rule 32.1 (headed ‘Power of the court to control evidence’), rule 3.1(2)(m) empowering the court the take any steps not prohibited by the CPR for the purpose of managing the case and furthering the overriding objective, or under its inherent jurisdiction.