Hearings
England & Wales
22 Oct 1942 [1943] KB 27, KBD (Hilbery J)
28 May 1943 [1943] KB 587; [1943] 2 All ER 35; 59 TLR 321, CA (Lord Greene M.R., Goddard and du Parcq L.JJ.)
Hollington v F Hewthorn & Co Ltd
Subject Matter
EVIDENCE — Admissibility — Conviction — Motor-cars in collision — Negligence alleged against defendant driver — Evidence of conviction of defendant driver of careless driving — Res inter alios acta — Statement by person interested — Death of driver of plaintiff's car after action brought — Evidence of statement made by driver of plaintiff's car to police on day of collision — “Statement made …. at a time when proceedings were pending or anticipated” — Evidence Act, 1938 (1 & 2 Geo. 6, c. 28), s. 1, sub-s. 3.
[1943] KB 27, KBD
[1943] KB 587; [1943] 2 All ER 35; 59 TLR 321, CA
Appellate History
Hollington v F Hewthorn & Co Ltd [1943] KB 27, KBD
Decision of Hilbery J. on points of law affirmed, but on the facts reversed.
Hollington v F Hewthorn & Co Ltd [1943] KB 587; [1943] 2 All ER 35; 59 TLR 321, CA
Commentary
Blackstones Civil Practice 2023
Abuse of Process - Relitigation and res judicata - Issue estoppel
33.17
Abuse of Process - Relitigation and res judicata - Henderson v Henderson abuse 33.18
Judgments as Evidence 49.92
Judgments as Evidence - Previous convictions - Civil Evidence Act 1968, s. 11 49.93
Judgments as Evidence - Previous convictions - Civil Evidence Act 1968, s. 13 49.94
Judgments as Evidence - Previous findings of adultery and paternity 49.95
Judgments as Evidence - Previous acquittals 49.96
Judgments as Evidence - Other previous findings 49.97
The Court’s Approach - Evidence 86.22