QB-2022-001397 - [2025] EWHC 2193 (KB)

On 24 February 2025, Mr Clarke’s solicitors, The Khan Partnership (‘TKP’) informed the Guardian’s solicitors, Wiggin LLP (‘Wiggin’) (in an erroneously dated letter):

“the Claimant will call all his witnesses, save for Arnold Oceng, who has recently indicated he is not able to attend trial. His evidence will therefore be relied on as hearsay. A hearsay notice will therefore shortly be provided to the Defendant”.

In the event, no hearsay notice was filed or served. Despite Wiggin’s repeated requests, TKP gave no reason for Mr Oceng’s stated inability to attend. On 27 February 2025, the Guardian applied for permission to call Mr Oceng for cross-examination on his statement pursuant to CPR 33.4(2) and for permission to serve him with a binding witness summons pursuant to CPR 34.5(2). I gave the Claimant until 10am on 4 March 2025 to file and serve any response, and to indicate whether he was content for the application to be determined without a hearing. In the absence of any response, and for the reasons given in my order, I granted the Guardian’s application by an order dated 4 March 2025.