WITNESS EVIDENCE WEDNESDAY:  WHEN DOES THE ABSENCE OF DOCUMENTS JUSTIFY AN ADVERSE INFERENCE ON SUMMARY JUDGMENT? IS THE WITNESS EVIDENCE DEFINITIVE?

WITNESS EVIDENCE WEDNESDAY: WHEN DOES THE ABSENCE OF DOCUMENTS JUSTIFY AN ADVERSE INFERENCE ON SUMMARY JUDGMENT? IS THE WITNESS EVIDENCE DEFINITIVE?

The issue of how far a court can take witness statements at face value at an interlocutory hearing is always an interesting one. Similar issues arise in considering the question of the extent to which a court can take into…

WHAT HAS CIVIL LITIGATION BRIEF DONE... ABOUT WITNESSES GIVING EVIDENCE ABOUT THINGS SAID MANY YEARS AGO ? 10 KEY POINTS ON WITNESS EVIDENCE WITH USEFUL LINKS

WHAT HAS CIVIL LITIGATION BRIEF DONE… ABOUT WITNESSES GIVING EVIDENCE ABOUT THINGS SAID MANY YEARS AGO ? 10 KEY POINTS ON WITNESS EVIDENCE WITH USEFUL LINKS

There is a lot of controversy at present in relation to recollections about telephone conversations that took place three decades ago.  We are staying away from that particular dispute. However it highlights a common issue in litigation.  People can have…