Category Statements of Truth

TOO LONG OR TOO SHORT: SCHEDULES and COUNTER-SCHEDULES: THE “CINDERELLAS” OF THE LITIGATION PROCESS

One important, but often overlooked, element of procedure and legal drafting is the preparation of the schedule of damages and the counter-schedule.  The rules relating to these documents are sparse. However these are important documents, often impacting upon the credibility of a litigant’s case (or defence). SCHEDULE TOO LONG: COUNTER-SCHEDULE TOO SPARTAN This post was […]

LEGAL REPRESENTATIVE SIGNING THE DISCLOSURE STATEMENT II: SEE WHAT THE COMMERCIAL COURTS GUIDE SAYS: BUT…

The post on legal representatives signing the disclosure statement written earlier in the week had a lot of response. My attention has been drawn to the Admiralty & Commercial Courts Guide  which suggests (in certain undefined circumstances) a legal representative may be an appropriate person to WHAT THE GUIDE SAYS At E3.8 “(a) For the […]

SOLICITOR SIGNING THE STATEMENT OF TRUTH IN A DISCLOSURE STATEMENT: NOT PERMISSIBLE AND NOT ADVISABLE

There has been a lot of discussion on Twitter recently in relation to a search term that arrived on this blog “solicitor signing disclosure statement”.  So many people contributed to that discussion that I cannot thank them all.  However it has given rise to an opportunity to consider the rules and case law in relation […]

“SECOND HAND” SIGNATURES WILL NOT DO -“PRE-SIGNING” THE STATEMENT OF TRUTH? – NOT A GOOD IDEA

This blog has covered the importance of the statement of truth on many occasions.  However the issues revealed in the Solicitors Disciplinary hearing in SRA -v- Jackson reveals a remarkably insouciant approach to the statement of truth. THE CASE The respondent is a solicitor. It was alleged that he had served an amended Particulars of […]

THE INFERENCES TO BE DRAWN FROM ABSENT WITNESSES: EVIDENCE BEFORE THE COURT OVERRIDES HEARSAY

This blog has looked many times at cases which consider the practical implication of the test in Central Manchester Health Authority v W (A minor) [1998] PIQR P324: the inferences a trial judge should infer when witnesses are noted called at trial. This issue was considered by His Honour Judge Butler in Wignall -v- The Secretary […]

PROVING THINGS 30: OFFICE GOSSIP PROVES NOTHING: THE IMPORTANCE OF THE SOURCE OF INFORMATION AND BELIEF

There is a requirement, a mandatory requirement, that a witness making a witness statement gives the source of their information and belief.  This requirement is often ignored, or there is some vague and general wording of knowledge.  Ignoring, and respecting, this requirement is dangerous. For instance there have been several cases where the courts have […]

SIGNING A STATEMENT OF TRUTH ON BEHALF OF A CLIENT: GET THE WORDING RIGHT

On more than one occasion on this blog we have looked at cases where the courts have questioned the wisdom of a lawyer signing a statement of truth on behalf of a client. In Galdikas -v- DJ Houghton Catching Services Ltd [2016] EWHC 1367 (QB) Mr Justice Supperstone considered an application to strike out a […]