38Unfavourable witnesses

38 Unfavourable witnesses (1) A party who called a witness may, with the leave of the court, question the witness, as though the party were cross-examining the witness, about— (a) evidence given by the witness that is unfavourable to the party; or (b) a matter of which the witness may reasonably be supposed to have knowledge and about which it appears to the court the witness is not, in examination-in-chief, making a genuine attempt to give evidence; or (c) whether the witness has, at any time, made a prior inconsistent statement. (2) Questioning a witness under this section is taken to be cross-examination for this Act (other than section 39 (Limits on re-examination)). (3) The party questioning the witness under this section may, with the leave of the court, question the witness about matters relevant only to the witness’s credibility. Note The rules about admissibility of evidence relevant only to credibility are set out in pt 3.7. (4) Questioning under this section must take place before the other parties cross-examine the witness, unless the court otherwise directs. (5) If the court gives a direction under subsection (4), the order in which the parties question the witness must be as the court directs. (6) Without limiting the matters that the court may take into account in deciding whether to give leave or a direction under this section, it must take into account— (a) whether the party gave notice at the earliest opportunity of the party’s intention to seek leave; and (b) the matters on which, and the extent to which, the witness has been, or is likely to be, questioned by another party. (7) A party is subject to the same liability to be cross-examined under this section as any other witness if— (a) a proceeding is being conducted in the name of the party by or on behalf of an insurer or someone else; and (b) the party is a witness in the proceeding.