“… witnesses had not denied that the statements, if made, would have been improper. As Peter Gibson LJ was to say in the later case of Berry Trade Ltd v Moussavi [2003] EWCA Civ 715 at [40], “Why should they, when they had denied making the statements at all?” To that question I would add that whether the statements would have been imprope…”
“…… The reasoning of Aldous LJ has been respectfully criticised by the Court of Appeal in Berry Trade Ltd v Moussavi [2003] EWCA Civ 715, but it appears to me that the criticism there is more to do with the situation where there is some dispute about what was said in the course of the without pr…”