Sanctions imposed for dishonest evidence

Last month a substantial High Court action against Cable & Wireless PLC by a number of companies in the Digicel group, operating in the Caribbean, came to a noteworthy end when one of the main Digicel witnesses was exposed as dishonest about his academic credentials. Leading counsel to Cable & Wireless showed how his dog could seemingly obtain the same degree from a bogus academic institution as the lying witness claimed to have. The effect on the case was that where the witness was shown to be willing to lie about academic credentials the judge was not prepared to accept his evidence about other matters.

The winner of a case can have costs assessed on two scales of assessment. The scale more favourable to the receiving party is not used frequently. There has to be something outside the norm before the more favourable scale is used.

In a second hearing about the costs of the Cable & Wireless case, not surprisingly, the Court adopted the usual approach that a witness being dishonest was outside the norm and justified costs being paid by Digicel to Cable & Wireless on the basis more favourable to Cable & Wireless, thus imposing sanctions for the dishonesty.

For more information contact Simon Daw.

Filed: 05/05/2010 12:26:11