Tag Archives: Civil evidence

“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 […]

IF YOU ARE BELIEVED YOU WILL WIN: THE NEED FOR A DEVIL’S ADVOCATE IN CIVIL LITIGATION

The post written yesterday on litigators and memory has already given rise to a large number of responses, particularly on Twitter.  It is worthwhile taking the matter further by considering how and when a litigator should take stock of the quality of the evidence. There is much to be gained by making a critical examination of […]