Tag Archives: Credibility of witnesses

DECIDING CASES ON PAPER: WOODLANDS, EVIDENCE & DECIDING CASES “ONLINE”

The decision in Woodland -v- Maxwell looked at in an earlier blog is interesting because it is one of the rare cases where the Court of Appeal carried out a (brief) analysis of the evidence in the case more than three years before the trial judge. It illustrates the importance of cross-examination and highlights the […]

PROVING MATTERS BY EVIDENCE: A LESSON FROM THE FAMILY COURT

It is certain that most lawyers involved in childcare matters will read the decision of Sir James Munby in Darlington Borough Council -v- M [2015] EWFC 11.  However there are points made in that judgment of general relevance to all civil practitioners. It shows how easy it is to overlook the point that, at a […]

WHO SAYS THAT YOU’LL WIN NOTHING WITH KIDS? THE WITNESS EVIDENCE IN WOODLAND -v- MAXWELL CONSIDERED

The case of Woodland -v- Maxwell [2015] EWHC 273 (QB) is almost a procedural epic. It has involved one trip to the Court of Appeal to allow a withdrawal of admissions and a further trip to the Supreme Court on a different issue.  However the claimant ultimately succeeded because of good old fashioned evidence, the […]

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 […]