The perils of video links will be well known to anyone who has litigated online, but the conduct of one witness was a new one on us.

Master Clark presided over proceedings in the Rolls Building in Raja & Anor v ATM Law & Ors and outlined problems with the circumstances for witnesses appearing in her ruling, published last week.

The judge had already encountered problems with remote video evidence at a hearing in May, when a witness attended from Indonesia but had not secured authorisation from the relevant judicial authorities. He was not permitted to appear.

When another witness, Ayub Patel, joined the hearing two days later from London, there was a different problem: he was on a bus.

‘That was plainly inappropriate,’ explained Clark. ‘He got off the bus, and I permitted him to give evidence remotely from a quiet place, albeit in a public space.’

Obiter has heard tales of witnesses giving evidence whilst having their breakfast or dressed in pyjamas, but public transport is a new one. We hope the individual in this case didn’t miss his stop.

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