Category Witness statements

“MISSING WITNESSES”- THE INFERENCES TO BE DRAWN: THE USE OF YOUR OPPONENT’S WITNESS STATEMENTS – ITS ALL OR NOTHING

In Property Alliance Group Ltd v The Royal Bank of Scotland Plc [2018] EWCA Civ 355 the Court of Appeal considered, amongst other things, two issues relating to witness evidence.  Firstly in relation to the inferences a court should draw from missing witnesses. Secondly whether a party, applying to adduce a witness statement from their opponent, […]

WITNESS STATEMENTS: SAYING “I AGREE WITH HIM” IS HARDLY GOOD PRACTICE

Large number of litigants pay large amounts of money to their lawyers to draft witness statements. This blog often documents the problems caused by witness statements that are simply inadequate. The issues of inadequate witness statements is seen again in the judgment of Mr Justice Fraser in Imperial Chemical Industries Limited -v- Merit Merrell Technology […]

WITNESS STATEMENTS: SAYING “I AGREE WITH HIM” IS HARDLY GOOD PRACTICE

Large number of litigants pay large amounts of money to their lawyers to draft witness statements. This blog often documents the problems caused by witness statements that are simply inadequate. The issues of inadequate witness statements is seen again in the judgment of Mr Justice Fraser in Imperial Chemical Industries Limited -v- Merit Merrell Technology […]

PROVING THINGS 47: FIRE IN THE LOFT: IT WASN’T THE MOUSE MAN AT ALL

The judgment of Mr Justice Coulson in Palmer -v- Nightingale [2016] EWHC 2800 (TCC) is another example of a claimant failing to prove their case. More curiously, in some respects, the claimant’s own evidence contradicted their case. “In circumstances where there are a number of potential causes of a fire, it is not appropriate for the […]

LAWYERS, LITIGATION AND MEMORY III: THE GESTMIN PRINCIPLES APPLIED

“This may be an interesting year for the consideration of issues relating to the accuracy of memory.   An interesting case where the relevant principles were considered in detail can be found in the judgment in EF -v- The Catholic Child Welfare Society (Diocese of Middlesbrough) [2016] EWHC 3336 (QB). The judgment reviews the principles […]

LAWYERS, LITIGATION & MEMORY II: HOW YOU ARE AFFECTING THE MEMORY OF WITNESSES (AND POSSIBLY SOWING THE SEEDS FOR DEFEAT)

The post on “Lawyers, litigation and memory“clearly struck a chord. It had many hundreds of readers (on a Sunday too). It highlights the fact that a failure to be trained in, and consider, issues relating to memory, causes litigators numerous problems.  These problems only become apparent once a witness is cross-examined. Here we look at […]

LAWYERS, LITIGATION & MEMORY: THE MEMORY ILLUSION

A single moment of logical thought will lead to the conclusion that it is strange that lawyers don’t learn about memory.  Much (indeed most) litigation relies on the memory of the parties.  Judges are, more often than not, called upon to decide whose memory of events is the most accurate. The judge cannot shy away […]

CIVIL LITIGATION REVIEW OF 2016: PROMISCUOUS BUNDLES & THAT CRAZY LITTLE THING CALLED PROPORTIONALITY

This is the third annual review of the year on this blog. 2016, as ever, has been an interesting year.  As ever, a comprehensive review can be found in Herbert Smith Freehills A litigator’s yearbook: 2016 (England and Wales). PREDICTIONS FROM LAST YEAR Proportionality will remain a big (and largely unresolved) issue. The meaning of […]

ADVERSE INFERENCES NOT DRAWN WHEN WITNESSES ARE ABSENT: ANOTHER EXAMPLE

There are several posts on the blog which deal with the approach the trial judge takes when certain witnesses are not present.  In some cases it leads the judge to draw adverse inferences, in others it does not.  In Welds -v- Yorkshire Ambulance Service NHS Trust & Sheffield Teaching Hospitals NHS Foundation Trust [2016] 3325 […]

PROVING THINGS 45: IF YOU CAN’T PROVE LOSS THE DEFENDANT IS GOING TO GET SUMMARY JUDGMENT

This series (and this blog) have looked at several cases where a party  has asserted a loss but not been able to prove it. There are a large number of cases where a party fails to put the basic information before the court to show that any loss has incurred.  This can be seen in […]