THE ARROYO JUDGMENT 4: DON'T MAKE ALLEGATIONS OF LYING IF YOU HAVEN'T PUT THEM TO THE WITNESS
The previous posts* on the Arroyo judgment have concentrated, for the most part, on the judge’s criticisms of the evidence of the claimant. However there is one short passage which illustrates an important principle of litigation – a party cannot…
PROVING THINGS 28: MAKE UNWARRANTED PERSONAL ATTACKS AND USE A "MUD-SLINGING" EXPERT: THAT ALWAYS ENDS WELL
The judgment of Mr Justice Fraser in Scott -v- E.A.R. Sheppard Consulting & Civil Engineering Ltd [2016] 1949 (TCC) contains some surprising observations. It also contains important lessons in relation to “conspiracy” theories in litigation and the role of the…
