PROVING THINGS 185: SAYING “I’M BROKE” DOES NOT PROVE IMPECUNIOSITY: “THE DEFENDANT IS ENTITLED TO KNOW THE CASE THEY HAVE TO MEET”
We are returning again to the Court of Appeal decision in Diriye v Bojaj & Anor [2020] EWCA Civ 1400. This time concentrating upon the Court’s comments in relation to the need to prove impecuniosity and the claimant’s failure to…
WORKING FROM HOME IN A LONELY WINTER (2): DEALING WITH LONELINESS – ADVICE FOR LAWYERS (AND OTHERS)
Working from home can be a lonely experience. This can be tough, particularly in the winter months. In the second in this series we look at some of the helpful guidance that is available for dealing with issues relating to…
“A MARKED ‘DISCONNECT’ BETWEEN THE RESPONDENT’S WRITTEN EVIDENCE AND HIS ORAL TESTIMONY”: ANOTHER “ARGUMENTATIVE” WITNESS STATEMENT BITES THE DUST
The judgment of ICC Judge Barber in Leopard v Robinson [2020] EWHC 2928 (Ch) provides another example of a written witness statement being misused. The judge held that the statement consisted of “assertions and legal submissions”. These have no place…
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