VIEWING THE WOOD FROM THE TREES: ASSESSING WITNESS CREDIBILITY: A “CUT OUT AND KEEP” GUIDE
The judgment of Teare J in Deripaska and Danilina v Chernukhin case  EWHC 173 (Comm), is (at present) only available via a link on the Serle Court website. It is useful in that a few paragraphs encapsulate the judicial approach to witness credibility, allegations of dishonesty and the difficulties of dealing with witnesses from abroad and witnesses via interpreters.
The action related to the joint development of a site in Moscow, coupled with a claim for family assets. The trial took 19 days. Witness credibility was very much in issue.
JUDICIAL OBSERVATIONS AS TO THE ASSESSMENT OF WITNESS CREDIBILITY
Paragraphs 10 – 16 of the judgment are under the heading “Approach to the evidence”. This involves a consideration of the guidance given to judges when considering witness evidence.