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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
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WITNESS STATEMENTS AND TRANSLATION: WHY YOU CAN'T RELY ON PD 22 IN RELATION TO WITNESS STATEMENTS

WITNESS STATEMENTS AND TRANSLATION: WHY YOU CAN’T RELY ON PD 22 IN RELATION TO WITNESS STATEMENTS

January 8, 2019 · by gexall · in Civil evidence, Civil Procedure, Members Content, Witness statements

This is the third post on this subject in one day.  Someone responded to the first post on the need to for witness statements to be in the language of the witness by asserting that Practice Direction 22 could be…

THE STATEMENT OF TRUTH AND WITNESSES WITH POOR ENGLISH: PRACTICE DIRECTION 22

THE STATEMENT OF TRUTH AND WITNESSES WITH POOR ENGLISH: PRACTICE DIRECTION 22

January 8, 2019 · by gexall · in Civil evidence, Civil Procedure, Members Content, Statements of Case, Statements of Truth

The post earlier today about witness statements in a foreign language led (almost immediately) to a telephone enquiry as to what happens when a party cannot read or understand the statement of truth in a statement of case.  The answer…

WHEN A WITNESS CANNOT SPEAK ENGLISH:  INTERPRETING THE RULES: GUIDANCE FROM THE CASES

WHEN A WITNESS CANNOT SPEAK ENGLISH: INTERPRETING THE RULES: GUIDANCE FROM THE CASES

January 8, 2019 · by gexall · in Civil evidence, Civil Procedure, Members Content, Witness statements

If a witness cannot speak English and a witness statement is required what needs to be done? There are several cases where the issue of translation has caused a problem at trial.  The best guidance comes from the Family Division….

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