Commentary on Sections Part 8 – Live Links Section 52: Effect of, and rescission of, direction
268.This section provides that where a direction for a live link has been given that witness must give all their evidence through a live link. This makes it clear that any cross-examination of the witness is also to be given by live link, although the court can rescind a direction if it seems to be in the interests of justice to do so. A party may only apply for the direction to be rescinded if there has been a material change of circumstances since the decision was made. An example of when a direction might be rescinded is where problems with the live link technology arise after a direction has been given.