[85I Direction for prohibition of cross-examination in person: other cases]
Courts Act 2003 (2003 c 39) | Legislation

[85I  Direction for prohibition of cross-examination in person: other cases]

[(1)     In civil proceedings, the court may give a direction prohibiting a party to the proceedings from cross-examining (or continuing to cross-examine) a witness in person if—

(a)     none of sections 85F to 85H operates to prevent the party from cross-examining the witness, and

(b)     it appears to the court that—

(i)     the quality condition or the significant distress condition is met, and

(ii)     it would not be contrary to the interests of justice to give the direction.

(2)     The “quality condition” is met if the quality of evidence given by the witness on cross-examination—

(a)     is likely to be diminished if the cross-examination (or continued cross-examination) is conducted by the party in person, and

(b)     would be likely to be improved

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