A more recent version of these Unfavourable And Hostile Witnesses notes – written by City Law School students – is available here.
The following is a more accessble plain text extract of the PDF sample above, taken from our BPTC Civil Ligitation Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:
UNFAVOURABLE AND HOSTILE WITNESSES A party may not impeach the credibility of its own witness, whether by: a) Asking leading questions orb) Asking about or calling evidence to prove prior inconsistent statements, prior discreditable conduct, bad character, previous convictions or bias However evidence of witness's prior discreditable conduct may be adduced in circumstances where it is relevant, not to impeach that witness's credibility but for some other purpose/
UNFAVOURABLE WITNESSESUnfavourable witness is one who either fails to prove that which he was expected to prove or who gives evidence unfavourable to the party by whom he has been called.The general rule is that the party calling the witness may not impeach his credibility but may only call other witnesses to prove the matters that the unfavourable witness failed to prove.
Buy the full version of these notes or essay plans and more in our BPTC Civil Ligitation Notes.