Tag Archives: Witness statements

“MISSING WITNESSES”- THE INFERENCES TO BE DRAWN: THE USE OF YOUR OPPONENT’S WITNESS STATEMENTS – ITS ALL OR NOTHING

In Property Alliance Group Ltd v The Royal Bank of Scotland Plc [2018] EWCA Civ 355 the Court of Appeal considered, amongst other things, two issues relating to witness evidence.  Firstly in relation to the inferences a court should draw from missing witnesses. Secondly whether a party, applying to adduce a witness statement from their opponent, […]

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 […]

LAWYERS, LITIGATION & MEMORY: THE MEMORY ILLUSION

A single moment of logical thought will lead to the conclusion that it is strange that lawyers don’t learn about memory.  Much (indeed most) litigation relies on the memory of the parties.  Judges are, more often than not, called upon to decide whose memory of events is the most accurate. The judge cannot shy away […]

PROVING THINGS 45: IF YOU CAN’T PROVE LOSS THE DEFENDANT IS GOING TO GET SUMMARY JUDGMENT

This series (and this blog) have looked at several cases where a party  has asserted a loss but not been able to prove it. There are a large number of cases where a party fails to put the basic information before the court to show that any loss has incurred.  This can be seen in […]

TAKING WITNESS STATEMENTS AND FACT FINDING: VEHEMENT CRITICISM (OF A SURPRISING SOURCE)

The need to take care when drafting witness statements has been a regular theme of this blog. The delegating of witness statements to a party or client is an extremely dangerous (and foolish) practice.   I have also examined, regularly, the painstaking and careful process that trial judges go through when assessing facts and witnesses. […]

PROVING THINGS 42: SILENCE DOES NOT PROVE INDUCEMENT

We are returning to the case of Francis -v- Knapper [2016] EWHC 3093 (QB).  That case has been looked at in relation to a failure to prove damages.  However the claimants also had major evidential problems in proving misrepresentation. KEY POINTS For a party to succeed in a case for misrepresentation they have to establish that […]

PROVING THINGS 39: YOU CAN SPEND £10 MILLION IN COSTS AND STILL NOT PROVE YOUR CASE: DAMAGES CLAIM WAS A “NOTIONAL DESKTOP EXERCISE”

It is unusual to look at the substantive judgment in a case after examining the decision on costs. We have already looked at the cost judgment in Amey LG Limited -v- Cumbria County Council [2016] EWHC 2496. However the substantive judgment, at [2016] EWHC 2856 (TCC) fits well within the proving things series.  It is […]