STRIKING OUT FOR ABUSE OF PROCESS: THE NEED TO ADVISE CLIENTS TO PRESERVE EVIDENCE

An action can be struck out if a party fails to preserve evidence.    Matthews –v- Collins  is a fatal case where evidence was destroyed by the coroner . The defendant applied to strike out the action as an abuse of…

WITNESS STATEMENTS IN A SPECIFIC CONTEXT: ACCIDENTS AT WORK AFTER 1st OCTOBER 2013

A fundamental change in the law relating to breach of statutory duties and civil liability means that greater consideration will need to be given to drafting witness statements.   I have prepared an article on this at http://accidentsatworkaftertheerra.wordpress.com/2013/09/30/witness-statements-and-workplace-accidents-after-the-1st-october-2013/ Some of the…

WHAT ARE WITNESS STATEMENTS FOR?

I have written an article for the Local Government Lawyer on drafting witness statements dealing with recent cases and guidance on the topic, see What are witness statements for For other articles in the series on drafting witness statements see…

SERVING WITNESS STATEMENTS LATE: AN EXTREMELY DANGEROUS PRACTICE

The recent decision in Fons HF –v- Corporal Ltd & Pillar Securitisation [2013] EWHC 1278 (Ch) provides an object lesson on the difficulties that can arise when both parties fail to file witness statements in accordance with directions.  The facts…

CIVIL EVIDENCE AND WITNESS STATEMENTS

I have written two articles on witness statements and civil evidence for  Local Government Lawyer One on the inferences a court can draw when a litigant elects to call no evidence on an issue http://www.localgovernmentlawyer.co.uk/index.php?option=com_content&view=article&id=13497%3Asilence-is-not-necessarily-golden&catid=190%3Aregulatory-articles&Itemid=29 The other on the use…