Monthly Archives: August 2014

THE RISK OF INDEMNITY COSTS: WHAT ARE YOU GOING TO TELL YOUR CLIENT?

The idea of costs budgeting was, in part at least, to give the parties some certainty as to the costs they would have to face it they lost an action.   However the decision in  Kellie & Kellie -v- Wheatley & Lloyd Architects Ltd[2014] EWHC 2866(TCC) raises some interesting issues as to the advice that must […]

A WORKING EXAMPLE OF THE DANGERS OF NOT TAKING A FULL WITNESS STATEMENT: DISASTER CAN STRIKE

The decision of Judge Keyser Q.C. In Kellie & Kellie -v- Wheatley & Lloyd Architects Ltd [2014] EWHC 2866(TCC)  gives a working example of the dangers of not taking a full witness statement and exploring issues of importance with a witness.  The judge stated that if a full and proper witness statement had been taken […]

PROTOCOL FOR THE INSTRUCTION OF EXPERTS: THE NEW BITS

There has been much coverage of the forthcoming changes to the guidance for the instruction of experts in civil claims.  There have been several additions which impose specific duties upon solicitors.  SOLICITOR MUST MAKE POSITION CLEAR IF FURTHER DOCUMENTS ARE SENT TO EXPERT “31. If a solicitor sends an expert additional documents before the report […]

DRAFTING WITNESS STATEMENTS: GUIDANCE FROM DOWN UNDER

Recent posts have given rise to a international tour searching out guidance for the preparation and drafting of witness statements. We have been to Scotland, and to the East, and now we arrive in Australia where the Western Australian Bar Association have produced an excellent guide on Preparing Witness Statements for Use in Civil Cases. […]

WITNESS STATEMENTS AND COMPLYING WITH THE RULES: WHY WITNESS STATEMENTS CAN COME TO GRIEF

The case of Kaupthing Singer & Friedlander Ltd (in administration) v. UBS AG [2014] EWHC 2450 (Comm) contains yet another example of the very real dangers of using a witness statement to argue a case.  It is usually unhelpful and often counter-productive and positively harmful to the party calling that witness. THE WHITE BOOK NOTES ON […]

WITNESS STATEMENTS; WITNESSES; EVIDENCE AND PSYCHOLOGY: GUIDANCE FROM THE EAST

The post yesterday looked at guidance on taking witness statements from Scottish Judges. Here we look at a real gem of an article by Ula Cartwright-Finch and Alex Waksman of Herbert Smith Freehills on the accuracy of witness statements and the psychology of investigations.  It is worth considering in detail because you may not come […]