“…gestion that the court has the power to order a party to call a witness, Mr Squires KC relied on the decision of Thirlwall J (as she then was) in XYZ v Various [2013] EWHC 3643 (QB); [2014] 2 Costs LO 197. In that case, Thirlwall J exercised her power under CPR 3.1(2)(m) - that the court may “take any…step or make any other order…for the p…”
“…o case management. She did, however, conclude on the evidence that Transform would not be able to meet any order for damages or costs itself. See XYZ v Various [2013] EWHC 3643 (QB).…”