Tag Archives: Credibility of witnesses

IN A DOG EAT DOG WORLD MAKE SURE YOU GET YOUR WITNESS STATEMENTS RIGHT (OR DON’T LET YOUR WITNESSES RABBIT ON WITHOUT GOOD EVIDENCE)

The judgment of Mr Justice Arnold in Supreme Petfoods Limited -v- Henry Bell & Co (Grantham) Limited [2015] EWHC 256 (Ch) contains a detailed analysis of the law relating to trade marks. Thanks to technology the judgment contains some vivid photographs of packs of pet food with lots of rabbits on show.  However part of […]

WITNESS CREDIBILITY: WHAT FACTORS DOES THE COURT LOOK AT? ANOTHER EXAMPLE FROM THE MERCANTILE COURT

The case of Excelerate Technology Ltd -v- Cumberbatch [2015] EWHC B1 Mercantile was looked at in an earlier post in relation to the judge’s observations about the costs budget*. It did, however, contain important observations about the way in which judges assess the credibility of witnesses. THE CASE There is an excellent post by Janna Purdie on […]

GORDON RAMSAY CASE AND WITNESS EVIDENCE: ABSENCE OF KEY WITNESSES DOES NOT LEAD TO TURNING UP OF THE HEAT

The case of Gordon Ramsay -v- Gary Love [2015] EWHC 65 (Ch) has had much attention in the media, primarily because of the identity of the claimant. However the judge made important observations as to the inferences that can be drawn when certain key witnesses are not present at trial. The case highlights important elements […]

WITNESS “PREPARATION” IN A CIVIL CONTEXT: HOW DO WE HELP THE UNDERDOG WHILST WORKING ON A SHOESTRING?

The controversy surrounding the new guidelines by the CPS for the preparation of witnesses in serious cases has led me to consider the rules and principles relating to witness preparation in the context of civil litigation. This is always a difficult area ethically. There is a fine (but clear) line between testing evidence; preparing a […]

WITNESS STATEMENTS AND WITNESS CREDIBILITY: GETTING BACK TO BASICS

If a litigant takes a matter to trial and the result rests, ultimately, on witness evidence, then those advising must (or at least should) have a clear and certain grasp of the factors governing witness credibility. This issue is almost universal across all elements of litigation. That is why today, of all days, is a […]

EVIDENCE, EXPERTS & ARSON: ANALYSING THE EVIDENCE WHEN SERIOUS ALLEGATIONS ARE MADE IN A CIVIL CASE

The decision of H.H. Judge Mackie Q.C. in Geneisuj.Net Limited -v- Allianz Insurance Limited [2014] EWHC 3676 (QB) provides an object lesson in the analysis of evidence in a case where serious allegations were being made. THE ISSUES The claimant company was seeking losses from its insurer. The insurer alleged that a director of the […]

APPEALING ON THE FACTS AND WITNESS CREDIBILITY: THE DEMEANOUR OF THE WITNESS

Earlier posts have considered issues relating to witness statements and witness credibility. In particular the difficulties of appealing findings of fact. A helpful summary of the principles relating to appealing when a judge has made a finding in relation to credibility can be found in the Court of Appeal decision in Sohal -v- Suri [2012] […]

WITNESS CREDIBILITY; DOCUMENTS; RECOLLECTION AND PLAYING AWAY FROM HOME WHEN THERE ARE MILLIONS AT STAKE

Earlier posts have looked at the issue of witness credibility in the context of civil trials.  Here we look at the issue of witness evidence in the context of a multi million pound dispute between corporations. The judgment, given earlier this week, of Mr Justice Males earlier this week in UBS AG (London Branch) -v- […]

ASSESSING THE RELIABILITY OF WITNESSES: HOW DOES THE JUDGE DECIDE? ANOTHER EXAMPLE

There have been several posts on this blog about the way in which a civil judge assesses the reliability of witnesses.  A further example can be seen in the judgement of Stephen Smith Q.C., sitting as a High Court judge,  in Freemont (Denbigh) Ltd -v- Knight Frank LLP [2014] EWHC 3347 (Ch).  The judge accepted […]