“…972 Act did not fall to be considered, and the point was not argued [This passage in the 17th edition of Phipson was followed in Lawrence v Kent County Council [2012] EWCA Civ 493, which observed that time and time again one sees references to the opinions of a factual witness in judgments without any suggestion that they are totally irr…”
“…Phipson refers to the first paragraph quoted above (as it appeared in the 17th Edition) as having been followed in Lawrence v Kent County Council [2012] EWCA Civ 493. In the judgment of the court (Longmore, Kitchin LJJ, Sir Mark Waller) given by Sir Mark Waller, he addressed the question of whether the trial judge had been …”