A Timely Reminder About Making Arrangements For Video Evidence In Good Time

In the recent case of Andrew Evans v R&V Allgemeine Verischerung AG [2022] EWHC 2436 (QB), the Court has given a timely reminder of the importance of making arrangements for witnesses to give evidence by video link well in advance of the trial.

The case itself concerned claims arising out of a road traffic accident in the Black Forest in Germany. The Claimant, a British national on a motorcycling holiday, collided with a driver who was insured by the Defendant. At issue was who was at fault in the collision.

As the relevant events took place in Germany and the Defendant is a German company, the Defendant's key fact witness (the insured driver, a Mr Gunther) and its expert on accident reconstruction, were based in Germany. On the first day of the trial, the Defendant applied for permission for Mr Gunther and the expert to give evidence by videoconference. The Claimant did not object in principle, though noted that the procedural requirements in Practice Direction