Tag Archives: Witness preparation

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 […]

PROVING THINGS 44: FINDINGS OF FACT, WALTER MITTY AND WITNESS TRAINING

The judgment today of Mr Justice Coulson in Harlequin Property (SVG) Limited -v- Wilkins Kennedy [2016] 3188 EWHC (TCC) shows the importance of the judge’s assessment of  witnesses. The judge made a clear and robust assessment of the witness evidence, the difficulties posed by witness training, the difficulties posed by missing witnesses and the (virtual […]

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 […]