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affidavitstatutory demandcross examination
Long v Farrer & Co and Farrer
[2004] EWHC 1774 (Ch); [2004] BPIR 1218
Key Principle
On an application turning on affidavit evidence (here a statutory demand/bankruptcy context), a court will not normally resolve disputed issues of fact without cross-examination, but it may reject written evidence as untrue without cross-examination where, on all the evidence (in particular contemporaneous documents properly understood), that evidence is 'simply incredible'.
Area of Law
General
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