Tag Archives: Witness statement

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 35: RECONSTRUCTION, DOCUMENTS AND MEMORY

Most law reports will look at the findings of law made in a judgment. In this blog we are interested in findings of fact and the way in which a judge goes about making those findings.  A good example can be found in the judgment of Mrs Justice Rose in The Libyan Investment Authority -v- […]

PROVING THINGS 31: WITNESSES TEND TO REMEMBER WHAT THEY WANT TO REMEMBER

How do judges decide whether a witness is accurate in their recollection? This issue has been a common theme on this blog.  This was an issue considered by Mark Cawson QC (sitting as a Deputy High Court Judge) in The Connaught Income Fund, Series 1 -v- Hewetts Solicitors  [2016] EWHC 2286 (Ch).   The case shows the […]

THE INFERENCES TO BE DRAWN FROM ABSENT WITNESSES: EVIDENCE BEFORE THE COURT OVERRIDES HEARSAY

This blog has looked many times at cases which consider the practical implication of the test in Central Manchester Health Authority v W (A minor) [1998] PIQR P324: the inferences a trial judge should infer when witnesses are noted called at trial. This issue was considered by His Honour Judge Butler in Wignall -v- The Secretary […]

ADVOCACY THE JUDGE’S VIEW VI: HOW A JUDGE ASSESSES WITNESS EVIDENCE

We have covered many countries so far in this series which looks at the advice that judges give on advocacy.  For the next few posts I have decided to stay closer to home.   I want to look at the talk given at Bristol University Law School  in December 2014 by Mr Justice Mostyn “The […]

PROVING THINGS 30: OFFICE GOSSIP PROVES NOTHING: THE IMPORTANCE OF THE SOURCE OF INFORMATION AND BELIEF

There is a requirement, a mandatory requirement, that a witness making a witness statement gives the source of their information and belief.  This requirement is often ignored, or there is some vague and general wording of knowledge.  Ignoring, and respecting, this requirement is dangerous. For instance there have been several cases where the courts have […]

WITNESS STATEMENTS THAT ARE LARGELY DISREGARDED: A CASE IN POINT

Witness statements are often too long, contain inadmissible evidence and tendentious comments. An example can be see in the judgment in Moore -v- Moore [2016] EWHC 2202 (Ch) Mr S Monty QC (sitting as a Deputy Judge of the Chancery Division). The case shows the importance of careful attention to relevance, admissibility and detail in […]

FAILURE TO PROVIDE INFORMATION IN WITNESS STATEMENT LEADS TO APPLICATION BEING STRUCK OUT: HIGH COURT DECISION TODAY

Chief Master Marsh has had a busy day. This is the second decision today I am writing about. In  Wave Lending Ltd -v- Batra and SFM Legal Services Ltd [2016] EWHC 2238 (Ch) he considered whether a witness statement complied with a peremptory order and whether relief from sanctions should be granted. KEY POINTS The […]

WITNESS STATEMENTS: WHEN CAN A LAY WITNESS GIVE OPINION EVIDENCE?THE STATUTE, THE CASES & SOME GUIDANCE

I have written, many times, about the dangers of putting opinion evidence into witness statements.  The attempts of witnesses to be experts, or to tell the judge what the outcome of the case should be, can lead to robust adverse comments* . However, as in most things, there is an exception to this rule.   […]