WITNESS CREDIBILITY, DELAY AND DENTON.

Civil Litigation Brief

There is an interesting discussion of  the credibility  of witnesses in the judgment of Mr Registrar Briggs in Preston -v- Green (Liquidator of Cre8atsea Limited) [2016] EWHC 25222 (Ch). The Registrar also had to consider whether to exercise his discretion under the Denton criteria when there had been a two year delay. The Registrar also held that the fact that the applicant was a litigant in person did not give rise to any special status on an application for relief from sanctions.

“In any event there is nothing in the CPR, the Rules or Insolvency Practice Direction that permits the court to deal with litigants in person any differently from any other party. No extra time can be afforded to Mr Preston as a result of his status as a litigant in person.”

THE CASE

The applicant, a director of the company now in liquidation, claimed to be a…

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