WHEN WITNESS EVIDENCE GOES OFF TRACK: CREDIBILITY SPRINTS AWAY
There are several recent cases where judges deal with the issue of credibility and witnesses. The first we are looking it is the decision of HHJ Melissa Clarke in British Amateur Gymnastics Association v UK Gymnastics Ltd & Ors  EWHC 1678 (IPEC). Once again we see the futility of “argumentative” witness statements.
“…much of Mr Adams’ written evidence was inadmissible as it was not evidence of fact, but speculation about the Claimant’s motivation for doing various things including bringing the proceedings, adverse commentary on the strength of the Claimant’s case, and advocacy.”
The claimant was bringing proceedings for trade mark infringement and passing off.