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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
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OPINION EVIDENCE IN WITNESS STATEMENTS CAN LEAD TO CROSS EXAMINATION "DEGENERATING INTO AN ARGUMENT": THE LIMITED WEIGHT THAT A JUDGE CAN PLACE ON HEARSAY EVIDENCE

OPINION EVIDENCE IN WITNESS STATEMENTS CAN LEAD TO CROSS EXAMINATION “DEGENERATING INTO AN ARGUMENT”: THE LIMITED WEIGHT THAT A JUDGE CAN PLACE ON HEARSAY EVIDENCE

July 10, 2025 · by gexall · in Civil evidence, Members Content, Witness statements

I am grateful to barrister Jack Macaulay for bringing my attention to the case we are looking at here.  I refer people to Jack’s detailed summary of the issues below. However, here,  I want to concentrate on two aspects of…

PARTY NOT PERMITTED TO ADDUCE EXPERT EVIDENCE FROM OTHER CASES AS HEARSAY EVIDENCE

PARTY NOT PERMITTED TO ADDUCE EXPERT EVIDENCE FROM OTHER CASES AS HEARSAY EVIDENCE

October 3, 2023 · by gexall · in Applications, Civil evidence, Expert evidence, Experts, Members Content

One of the issues decided by Mr Justice Mellor in Crypto Open Patent Alliance v Wright [2023] EWHC 2408 (Ch) related to the attempts by a party (COPA) to adduce expert evidence from other trials by way of hearsay evidence…

PROVING THINGS 27: BURDENS OF PROOF, HEARSAY EVIDENCE AND…. ATTEMPTED MURDER

July 31, 2016 · by gexall · in Civil evidence, Members Content, Uncategorized, Witness statements

In Daley -v- Bakiyev [2016] EWHC 1972 (QB) Mr Justice Supperstone dealt with issues relating to the burden of proof where there very serious allegations.  The fact that a central witness for the claimant did not attend court, and his…

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