WITNESS CREDIBILITY AND REWRITING EVENTS OVER TIME: DEFENDANT DRIVER CAST AROUND FOR AN INTERPRETATION OF THEIR ACTIONS THAT PLACED THEM IN THE BEST LIGHT POSSIBLE
We have looked recently at a number of cases in relation to witness credibility. The judgment of HHJ Martin Picton in Palmer v Timms [2024] EWHC 2292 (KB) is a case where the primary issue at trial was the credibility…
WITNESS STATEMENTS, WITNESSES, EVIDENCE AND PSYCHOLOGY: GUIDANCE FROM THE EAST: ANOTHER EXAMPLE FROM A DECADE AGO THAT REMAINS RELEVANT
We are looking again at the skills necessary to take accurate witness statements. Here we revisit a real gem of an article by Ula Cartwright-Finch and Alex Waksman of Herbert Smith Freehills on the accuracy of witness statements and the…
A WORKING EXAMPLE OF THE DANGERS OF NOT TAKING A FULL WITNESS STATEMENT: DISASTER CAN STRIKE: A DECADE ON AND THIS CASE IS STILL RELEVANT
One case I regularly refer to when speaking, or writing, about taking witness statements is the decision of Judge Keyser Q.C. In Kellie & Kellie -v- Wheatley & Lloyd Architects Ltd [2014] EWHC 2866(TCC). This case gives a working example…
PROVING THINGS 241: “WHICH WITNESS’S ACCOUNT IS PREFERRED?”: CONTEMPORARY EVIDENCE IS BEST
In Gadsby v Hayes [2024] EWHC 2142 (KB) Ms Clare Ambrose (sitting as a Deputy High Court Judge) considered the evidence of witnesses in a case where the accident had happened ten years previously. The accounts given near the time…
NON-COMPLIANT WITNESS STATEMENTS (AGAIN): THE SOLICITOR’S STATEMENT OF COMPLIANCE WAS “FALSE”:
For the third time this week I find myself writing about judicial criticisms of the way in which witness statements have been prepared. This case has by far the most excoriating comments. In Fulstow & Anor v Francis [2024] EWHC…
FAILING TO COMPLY WITH THE RULES FOR WITNESS STATEMENTS FOR THOSE NOT PROFICIENT IN ENGLISH – “DISAPPOINTINGLY A NOT INFREQUENT OCCURRENCE”
In SZ Solicitors -v- Bharj [2024] 8WLUK 65 HHJ Monty KC dealt with the problems that arose when a party had not complied with the rules in relation to providing a witness statement for a witness who is not proficient…
SELF PROTECTION FOR LITIGATION LAWYERS – A RECAP: WITNESS STATEMENTS UNDER SCRUTINY
A report in Litigation Futures in August 2016 illustrates the need for “self protection” by lawyers in . The headline says it all “Insurance Fraudster who tried to blame his solicitor jailed for 18 months”. “IT WAS ALL MY…
CLINICAL NEGLIGENCE, EVIDENCE AND DISCLOSURE: WHEN THE JUDGE FINDS THAT THE MEDICAL NOTES ARE NOT ACCURATE: “A CONTRIVED AND FALSE PIECE OF EVIDENCE”
In Biggadike v El Farra & Anor [2024] EWHC 1688 (KB) HHJ Carmel Wall (sitting as a High Court Judge) found that annotations made to medical records were not, in fact, contemporaneous. She rejected the second defendant’s evidence based on…
WITNESS STATEMENTS A GUIDE FOR GRADE C FEE EARNERS (AND THOSE WHO SUPERVISE THEM): WEBINAR 18th JULY 2024
On the 18th July I am giving a webinar “Drafting witness statements in high value personal injury claims: A guide for Grade C fee earners (and those who supervise them)”, booking details are available here. THE REASON FOR THE WEBINAR…
WITNESS STATEMENTS DRAFTED BY LAWYERS: ANOTHER LOOK BACK
Yesterday I wrote about the large numbers of posts about expert witnesses on this blog. These are probably matched by the cases that deal with judicial criticism of witness statements. Again this is a topic where, in choosing one post,…
ANOTHER BLOG FROM THE PAST: THE DIFFERENCE BETWEEN “EVIDENCE” AND “SUBMISSIONS”: A PROBLEM THAT PERSISTS TODAY
As part of the 11th anniversary process I am looking at a blog that was written in June 2014. “WITNESS STATEMENTS ARE FOR FACTS: KNOWING THE DIFFERENCE BETWEEN EVIDENCE AND SUBMISSIONS (AND WHY IT MATTERS)”. It is very interesting to…
WITNESS STATEMENTS THAT BREACH THE PRACTICE DIRECTION: WHAT IS THE APPROPRIATE APPROACH? HIGH COURT DECISION
In Vainker & Anor v Marbank Construction Ltd & Ors [2022] EWHC 2785 (TCC) Mrs Justice Jefford considered the appropriate approach where a party objected to the contents of witness statements that did not comply with Practice Direction 57AC. She…
CIVIL EVIDENCE: WHEN YOU TELL A WHOPPER THE FIRST TIME AROUND – IT COMES BACK TO BITE YOU IN A SECOND TRIAL
In McDonald’s Restaurants Ltd v Shirayama Shokusan Company Ltd [2024] EWHC 1133 (Ch) Mr Justice Edwin Johnson found that a company had misrepresented its intention at a trial which involved, essentially, the claimant’s right to a new tenancy of business…
“LITIGATION WISHFUL THINKING”: A REPEAT, BUT AN IMPORTANT ONE
In assessing a case, and the evidence of both sides, litigators have to be aware of the process of “litigation wishful thinking”. Witnesses may be perfectly honest, but their memories as to what happened are influenced by what they wish would have…
WITNESS STATEMENTS AND WITNESS EVIDENCE: WHEN LAWYERS CAN BE THEIR OWN WORSE ENEMIES: “THE ABSENCE OF SUCH EVIDENCE IS IN THE NATURE OF A DEAFENING SILENCE”
There are numerous, indeed hundreds, of posts on this blog that deal with the difficulties that can arise in relation to witness statements and witness evidence. Often it is a failure to address basic and fundamental points in relation to…
WHEN WITNESSES TOTALLY CHANGE THEIR EVIDENCE AT TRIAL: A CASE IN POINT
In Advantage Insurance Company Ltd v Harris [2024] EWHC 626 (KB) HHJ Russen KC (sitting as a High Court Judge) found that a claimant in a personal injury action had been in contempt of court for making false statements. It…
THE WITNESS EVIDENCE AT TRIAL WAS DIFFERENT TO THE PLEADED CASE AND THE WITNESS STATEMENTS: ANOTHER EXAMPLE OF WHY CARE IS NEEDED
Earlier this month I posted an article on the need for “self protection” by lawyers when drafting witness statements. An example of why care is needed can be seen in the judgment of HHJ Stephen Davies, sitting as a High…
“MY LAWYER DRAFTED MY STATEMENT”: A REMINDER OF THE NEED FOR SELF-PROTECTION
We have seen a high profile example recently of a witness stating that their statement had been drafted by the lawyers involved. This is not a rare occurrence. Here is a recap of some of the issues that litigators need…
MR BATES AND THE POST OFFICE 4: THE POST OFFICE’S ATTEMPT TO STRIKE OUT THE CLAIMANT’S EVIDENCE AND ITS CLAIM TO HAVE “SUPERNATURAL POWERS”
On March 16 2019 this blog had three separate posts on the Post Office case. The post repeated here gives an example of the Post Office’s extremely “robust” strategy. It attempted to strike out a large part of the claimants’…
WITNESS EVIDENCE AND WITNESS DEMEANOUR: A GEM OF A CASE: A WITNESS SUMMONS CAN LEAD TO UNWELCOME SURPRISES
Issues of witness demeanour and credibility figured highly in the judgment of District Judge Dinan-Hayward in TM v AM [2023] EWFC 247. It is an interesting story which shows the risks of compelling a witness to attend court and of…