Royal Bank of Scotland plc v. The Golden Trinity

This was an application to strike out the affidavits of claim of the Plaintiff mortgagee on the grounds that the deponent produced for cross-examination was inadequately prepared. The Court agreed with the Applicant that the cross-examination was unsatisfactory in that the witness gave clearly incorrect answers and was not properly informed but refused to strike out the affidavits of claim. The Court noted that it would normally require the original witness to better inform himself and to re-attend for further cross-examination. However, in the circumstances, the Court felt that the original witness was not able to properly inform himself and therefore ordered that a second witness be produced for cross-examination.