Tag Archives: Credibility of witnesses

PROVING THINGS 28: MAKE UNWARRANTED PERSONAL ATTACKS AND USE A “MUD-SLINGING” EXPERT: THAT ALWAYS ENDS WELL

The judgment of Mr Justice Fraser in Scott -v- E.A.R. Sheppard Consulting & Civil Engineering Ltd [2016] 1949 (TCC) contains some surprising observations. It also contains important lessons in relation to “conspiracy” theories in litigation and the role of the expert in litigation. “Mrs Scott had to deal in her cross examination with something of […]

THE ARROYO JUDGMENT 3: WITNESSES AND CREDIBILITY

This is the third in the series of posts on the  judgment of Mr Justice Stuart-Smith in Arroyo -v-Equion Energia Limited [2016] EWHC 1699 TCC. The first looked at the issues that arose from unchecked schedules of damages; the second at the expert evidence. Here we look at the judicial assessment of the witness evidence. In particular […]

EVIDENCE AND ACCURACY OF RECOLLECTION: ANOTHER EXAMPLE IN THE HIGH COURT

The judgment of Mr Justice Jay in Jacobs -v- King’s College Hospital NHS Foundation Trust [2016] EWHC 121 (QB) is another example of a case resting on the accuracy of recollection of a witness.  Further the judge rejected a “statistical” or “probability” approach. The court examines the evidence first and weighs the evidence in the […]

WITNESS EVIDENCE AND CONTEMPORARY DOCUMENTS 2: A USEFUL COUNTERBALANCE

A post earlier this month looked at a case where the judge favoured the witness evidence over a written medical record.  The decision in Grimstone -v- Epsom & St Helier University Hospitals NHS Trust [2015] EWHC 3756 (QB) is a useful counterbalance to that. KEY POINTS Although a doctor could remember nothing of the consultation […]

SOME WITNESSES MAY NOT BE GOOD HISTORIANS BUT GOOD HISTORIANS CANNOT BE WITNESSES

In Kimathi -v- Foreign & Commonwealth Office [2015]EWHC 3432 (QB) Mr Justice Stewart considered a number of issues relating to witness statements. Here we consider whether the evidence of historians is admissible.  Other aspects of this case will be examined in later posts. “It is not the function of an expert to express opinions on […]

THE LYING WITNESS: THE APPROACH OF THE CIVIL COURTS

Mr Justice Smith has observed that “witnesses can regularly lie”.  How do lies impact upon the judge’s assessment of that witness and the case generally.  Further problems occur when both parties are lying. Here we look at some of the important judgments which set out the judicial approach to witnesses who tell lies and the impact on […]

HOW THE COURT ASSESSES WITNESSES: NOT A NUMBERS GAME

In TM -v- St George’s Healthcare NHS Trust [2015] EWHC 1866 (QB) Sir David Eady considered the judicial approach to witnesses and the burden of proof, stressing that the assessment of evidence is not a “numbers game” THE CASE The claimant was bringing a defamation action alleging she was libelled by hospital staff.  Much of […]