TEN NEW YEAR'S RESOLUTIONS FOR LITIGATORS IN 2016

December 31, 2015 · by · in Applications, Assessment of Costs, Avoiding negligence claims, Bundles, Case Management, Civil evidence, Civil Procedure, Costs, Costs budgeting, Credibility of experts, Damages, Disclosure, Expert evidence, Members Content, Professional negligence,, Proportionality, Relief from sanctions, Risks of litigation, Service of the claim form, Statements of Case, Uncategorized, Witness statements

Some resolutions to keep you prosperous and out of difficulties in 2016. (Happy New Year) 1. NEVER, EVER, GUESS ABOUT A LIMITATION PERIOD (OR TAKE A CLIENT’S WORD FOR IT) Litigators of all types must have a clear idea about…

WITNESS EVIDENCE AND CONTEMPORARY DOCUMENTS 2: A USEFUL COUNTERBALANCE

December 23, 2015 · by · in Civil evidence, Civil Procedure, Members Content, Professional negligence,, Uncategorized, Witness statements

A post earlier this month looked at a case where the judge favoured the witness evidence over a written medical record.  The decision in Grimstone -v- Epsom & St Helier University Hospitals NHS Trust [2015] EWHC 3756 (QB) is a…

"THAT PART OF MY WITNESS STATEMENT IS NOT TRUE": NEVER A GREAT START TO A CASE

November 17, 2015 · by · in Avoiding negligence claims, Members Content, Professional negligence,, Uncategorized, Witness statements

In Monks -v- National Westminster Bank PLC [2015] EWHC 2310 (Ch) HH Judge Simon Baker (QC)(sitting as a judge of the High Court) had some acute observations about the witness statements and witness evidence adduced by the defendant bank. “…it…