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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers, Leeds, Manchester & Birmingham. 4-5 Gray's Inn Square, London.
Browse: Home » 2014 » November » 06

WITNESS CREDIBILITY; DOCUMENTS; RECOLLECTION AND PLAYING AWAY FROM HOME WHEN THERE ARE MILLIONS AT STAKE

November 6, 2014 · by gexall · in Applications, Civil evidence, Civil Procedure, Witness statements

Earlier posts have looked at the issue of witness credibility in the context of civil trials.  Here we look at the issue of witness evidence in the context of a multi million pound dispute between corporations. The judgment, given earlier…

MORE ON EXPERTS: NON-COMPLIANCE WITH THE RULES TAINTS THE EVIDENCE BADLY

November 6, 2014 · by gexall · in Civil evidence, Civil Procedure, Expert evidence

We  have already looked at one of the observations on experts by HH Simon Barker QC in Bacciotinni & Cook -v- Gotelle & Goldsmith [2014] EWHC  3257 Ch. There we looked at “over eager” experts. The judge also had something to…

WHICH WITNESS IS GOING TO BE BELIEVED? A HIGH COURT DECISION ASSESSING THE CREDIBILITY OF WITNESSES

November 6, 2014 · by gexall · in Civil evidence, Witness statements, Written advocacy

It is essential that litigators have a keen understanding of how witness evidence is likely to be assessed at trial.  Many trials take place precisely because there is a conflict of evidence between the witnesses.  An example of a close…

OVER EAGER EXPERTS JUST DO NOT HELP: THEY HINDER AND HARM THE CASES OF THOSE WHO CALL THEM

November 6, 2014 · by gexall · in Civil evidence, Disclosure, Expert evidence, Liability

Several preliminary remarks of  HH Simon Barker QC in Bacciotinni & Cook -v- Gotelle & Goldsmith [2014] EWHC  3257 Ch underline the dangers of an “over eager” expert witness making comments which undermine their own evidence and taint the case…

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