LEARNING HOW TO PROVE THINGS: A BASIC SKILL THAT NEEDS HONING

As part of the occasional series which jogs peoples memories about New Year’s resolutions for 2016 I am revisiting resolution number 6: “learn how to prove things”. A very basic skill in the litigator’s armoury, but one which is barely taught.

THIS IS HARDER THAN YOU MIGHT THINK

Since the beginning of the year, since February in fact, I have been writing a series of posts on “proving things”,  there are 17 posts on this topic alone.  It is surprising how many litigants go to court without the evidence to prove the most basic parts of their case.  It is even more surprising how many claimants simply do not have the evidence at trial to prove their claim in damages, there are numerous examples of this on this blog.

‘Plaintiffs must understand that if they bring actions for damages it is for them to prove their damage, it is not enough to write down the particulars, and, so to speak, throw themselves at the head of the court saying “This is what I have lost. I ask you to give me these damages”. They have to prove it.’

(Bonham Carter -v- Hyde Park Hotel [1948] WN, 92 Sol Jo 154, KBD).

Proving things: the series so far

PROVING DAMAGES

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