WITNESS CREDIBILITY AND A FINDING OF FUNDAMENTAL DISHONESTY: "BUT WHAT OF THE MENDACIOUS WITNESS?"

WITNESS CREDIBILITY AND A FINDING OF FUNDAMENTAL DISHONESTY: “BUT WHAT OF THE MENDACIOUS WITNESS?”

October 21, 2022 · by · in Civil evidence, Fundamental Dishonesty, Members Content, Witness statements

In Muyepa v Ministry of Defence [2022] EWHC 2648 (KB) Mr Justice Cotter set out detailed considerations for assessing witness credibility.  Here we look at the description of the process of analysing the credibility of the witnesses.   “But what…

TWO ISSUES: WITNESS CREDIBILITY: ATTEMPTING TO RE-OPEN A JUDGMENT ON THE BASIS OF OMISSIONS IN THE JUDGMENT: ADVOCATES NEED TO CONSIDER THE POSITION CAREFULLY

TWO ISSUES: WITNESS CREDIBILITY: ATTEMPTING TO RE-OPEN A JUDGMENT ON THE BASIS OF OMISSIONS IN THE JUDGMENT: ADVOCATES NEED TO CONSIDER THE POSITION CAREFULLY

October 21, 2022 · by · in Applications, Civil evidence, Civil Procedure, Members Content, Witness statements

There are two aspects of the judgment of Mr Justice Mostyn in  Cazalet v Abu-zalaf [2022] EWFC 119 that are of general interest to litigators. Firstly the judge’s observations as to witness credibility. Secondly the observations in relation to re-opening…