The case of Kaupthing Singer & Friedlander Ltd (in administration) v. UBS AG [2014] EWHC 2450 (Comm) contains yet another example of the very real dangers of using a witness statement to argue a case. It is usually unhelpful and often counter-productive and positively harmful to the party calli...
What makes me laugh is that it’s the solicitors who get blamed for this. Of course, counsel never saw the statements before they were finalised, signed and filed.