Monthly Archives: November 2014

THE MITCHELL JUDGMENT AGAIN: PREVIOUS INCONSISTENT STATEMENTS

The issue of witness credibility in the Mitchell case has already been considered on this blog.   However reading the transcript gives rise to more issues.  Here we look at one – the significance of the previous statements made by Mr Mitchell as what was said at the event. EARLIER STATEMENTS BY MR MITCHELL THAT […]

MORE ON EVIDENCE AND CAUSATION: A CLINICAL NEGLIGENCE CASE

The previous post dealt with issues of evidence and causation. Similar issues can be seen in the case of Irene Packham -v- Anita Hazari [2014] EWHC 3951 (QB), a decision of Michael Harvey Q.C.  The issue of causation and evidence was considered in the context of medical negligence. THE ISSUES The claimant brought a claim […]

GETTING EVIDENCE TO TRIAL TO PROVE YOUR CASE: BE CAREFUL OF “MISSING” WITNESSES?

This has been, it has to be said, an interesting week for considering evidence in civil cases. Another interesting example can be found in the decision in Howmet Ltd -v- Economy Services Limited [2014] EWHC 3933 (TCC), a decision by Mr Justice Edwards-Stuart. THE FACTS The case was about the cause of a fire in […]

WITNESS STATEMENTS AND WITNESS CREDIBILITY: GETTING BACK TO BASICS

If a litigant takes a matter to trial and the result rests, ultimately, on witness evidence, then those advising must (or at least should) have a clear and certain grasp of the factors governing witness credibility. This issue is almost universal across all elements of litigation. That is why today, of all days, is a […]

THE MITCHELL CASE AND WITNESS EVIDENCE: CREDIBILITY, STRONG VIEWS AND RELIABILITY

The Mitchell case was at the forefront of attention a year ago when the Court of Appeal set out its (apparently widely misunderstood) views on relief from sanctions. It is even more in the headlines today. The case has been widely reported on twitter (and reported very well). However the action came, ultimately, down to […]

COSTS BUDGETING AND MORE CASE MANAGEMENT IN THE COURT OF PROTECTION? EXPECT IT SOON

It is only recently that the Court of Appeal has “opened its doors” so to speak on reports of its cases. The judgment of Peter Jackson J in A & B (Court of Protection: Delay & Costs) [2014] EWCOP 8 shows that it is a court like any other. With judges attempting to deal with […]

DEVELOPMENTS SINCE DENTON: ALL THE POSTS AND CASES IN ONE PLACE

We are now exactly one year on since Mitchell and 237 days since Denton. This is a good a time as any to review the Post Denton decisions on this blog. It is interesting that there were no reports in September but that the number of cases have started to increase again (they were almost […]