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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers, Leeds, Manchester & Birmingham.
Browse: Home » Witness credibility
PROVING THINGS 192: WHEN A WITNESS GIVES EVIDENCE OF MATTERS THAT TOOK PLACE 50 YEARS AGO: HOW THE JUDGE WEIGHS THE EVIDENCE

PROVING THINGS 192: WHEN A WITNESS GIVES EVIDENCE OF MATTERS THAT TOOK PLACE 50 YEARS AGO: HOW THE JUDGE WEIGHS THE EVIDENCE

December 14, 2020 · by gexall · in Civil evidence, Personal Injury, Witness statements

In Pinnegar v Kellogg International Corporation & Anor [2020] EWHC 3431 (QB)  HHJ Platts (sitting as a High Court judge) considered the weight to be given to evidence of matters that had happened some 50 years previously.  It shows that…

WITNESS STATEMENTS THAT REQUIRE TRANSLATION OR WHERE THE MAKER IS NOT LITERATE: FAILURE TO COMPLY WITH RULES IS NOT SIMPLY A “TECHNICAL BREACH”

December 7, 2020 · by gexall · in Civil evidence, Witness statements

In Diamond v Secretary of State for the Home Department [2020] EWHC 3313 Mr Justice Calver considered the weight to be attached to witness statements that did not comply with the Civil Procedure Rules.   The case shows why everyone should…

A BARRISTER OF “GOOD JUDGEMENT”: WHEN THE PERSON WHO USUALLY DOES THE CROSS-EXAMINING IS IN THE WITNESS BOX

December 1, 2020 · by gexall · in Civil evidence, Damages, Professional negligence,, Witness statements

The judgment of Mr Justice Jay in Torrance v Bradberry [2020] EWHC 3260 (QB) is one that should be read by every practising lawyer. It is a case of a lawyer as defendant, being accused of negligence in their conduct…

"LITIGATION WISHFUL THINKING": A REMINDER OF ITS IMPORTANCE

“LITIGATION WISHFUL THINKING”: A REMINDER OF ITS IMPORTANCE

September 7, 2020 · by gexall · in Civil evidence, Witness statements

This blog has looked many times at those cases where a case is determined by the judge’s assessment of the credibility of the witnesses.  This does not always (or event often) mean that the losing side are not telling the…

ASSESSING WITNESS CREDIBILITY A "REASONING PROCESS VITIATED BY AT LEAST THREE FUNDAMENTAL ERRORS OF APPROACH": HIGH COURT LAYS DOWN THE LAW

ASSESSING WITNESS CREDIBILITY A “REASONING PROCESS VITIATED BY AT LEAST THREE FUNDAMENTAL ERRORS OF APPROACH”: HIGH COURT LAYS DOWN THE LAW

July 23, 2020 · by gexall · in Civil evidence, Witness statements

In  Dutta, R (On the Application Of) v General Medical Council (GMC) [2020] EWHC 1974 (Admin) Mr Justice Warby set out a powerful critique of the reasoning given by the Medical Practitioners Tribunal.   The judgment contains an essential summary of…

WHEN WITNESS EVIDENCE GOES OFF TRACK: CREDIBILITY SPRINTS AWAY

July 22, 2020 · by gexall · in Civil evidence, Witness statements

There are several recent cases where judges deal with the issue of credibility and witnesses.  The first we are looking it is the decision of HHJ Melissa Clarke in British Amateur Gymnastics Association v UK Gymnastics Ltd & Ors [2020]…

WHEN SHOULD A SOLICITOR MAKE A WITNESS STATEMENT ON BEHALF OF THEIR CLIENTS?  A REVIEW OF THE CASES

WHEN SHOULD A SOLICITOR MAKE A WITNESS STATEMENT ON BEHALF OF THEIR CLIENTS? A REVIEW OF THE CASES

July 6, 2020 · by gexall · in Applications, Avoiding negligence claims, Case Management, Civil evidence, Witness statements

Last week I gave an in-house talk to a London firm of solicitors.*  One of the matters we discussed was when (if ever) it was appropriate for a solicitor to make a witness statement in support of an interlocutory application. …

SOLICITORS GIVING EVIDENCE: A DUTY TO BE COMPLETELY HONEST AND SCRUPULOUSLY ACCURATE

SOLICITORS GIVING EVIDENCE: A DUTY TO BE COMPLETELY HONEST AND SCRUPULOUSLY ACCURATE

June 30, 2020 · by gexall · in Applications, Civil evidence, Conduct, Witness statements

There are particular dangers for solicitors giving evidence.  This morning I wrote about the common (but totally wrong) practice of solicitors using witness statements to argue points of law.  In Ras Al Khaimah Investment Authority v Azima [2020] EWHC 1686…

WITNESS STATEMENTS "NOT IN MY STOCK IN TRADE": HIGH COURT JUDGE HIGHLY CRITICAL OF ARGUMENTATIVE AND LARGELY IRRELEVANT WITNESS STATEMENTS

WITNESS STATEMENTS “NOT IN MY STOCK IN TRADE”: HIGH COURT JUDGE HIGHLY CRITICAL OF ARGUMENTATIVE AND LARGELY IRRELEVANT WITNESS STATEMENTS

June 30, 2020 · by gexall · in Applications, Civil evidence, Summary judgment, Witness statements

Last week I wrote about the report on witness evidence working group of the business and property courts.   That report commented that drafting witness statements (more accurately evidence in chief) was no longer part of a lawyer’s “stock in trade”. …

WITNESS STATEMENTS:  EDITED HIGHLIGHTS OF THE REPORT OF THE WITNESS EVIDENCE WORKING GROUP: THE BUSINESS AND PROPERTY COURTS

WITNESS STATEMENTS: EDITED HIGHLIGHTS OF THE REPORT OF THE WITNESS EVIDENCE WORKING GROUP: THE BUSINESS AND PROPERTY COURTS

June 26, 2020 · by gexall · in Civil evidence, Witness statements

This report  of the Witness Evidence Working Group was produced at the end of last year.  It highlights some major issues in relation to the use of witness statements, and the role and experience of those preparing them. It has…

SURVEILLANCE EVIDENCE, ALLEGATIONS OF MALINGERING AND INDEMNITY COSTS (AGAINST THE DEFENDANT)

SURVEILLANCE EVIDENCE, ALLEGATIONS OF MALINGERING AND INDEMNITY COSTS (AGAINST THE DEFENDANT)

June 16, 2020 · by gexall · in Civil evidence, Conduct, Costs

I had no sooner finished a webinar about surveillance evidence this afternoon when I received an email and a copy of a case from solicitor Steve Evans.* The judgment of  HHJ Yelton (sitting in the High Court) in Kilbey -v-…

OPINION EVIDENCE AND DEFECTIVE WITNESS STATEMENTS: EVIDENCE NOT ALLOWED AT TRIAL

OPINION EVIDENCE AND DEFECTIVE WITNESS STATEMENTS: EVIDENCE NOT ALLOWED AT TRIAL

June 11, 2020 · by gexall · in Civil evidence, Civil Procedure, Witness statements

In Harlow -v- Aspect Contracts Ltd [2020] EWHC 1488 (TCC) Alexander Nissen QC (sitting as a High Court judge) allowed an application preventing the defendant relying on a witness statement that was, in reality, an attempt to give expert evidence. …

COVID REPEATS 43: FAREPAK: "A DOCUMENT CREATED IN THE LANGUAGE OF LAWYERS BY THE LAWYERS"

COVID REPEATS 43: FAREPAK: “A DOCUMENT CREATED IN THE LANGUAGE OF LAWYERS BY THE LAWYERS”

June 5, 2020 · by gexall · in Civil evidence, Witness statements

Today we are revisiting the observations of Mr Justice Smith in the Farepak case farepak-judges-statement. It presents an object lesson in the need for careful preparation of witness evidence and identifying precisely what “evidence” a witness can give.   “The…

COVID REPEATS 41: OFFICE GOSSIP IS NOT EVIDENCE

COVID REPEATS 41: OFFICE GOSSIP IS NOT EVIDENCE

June 3, 2020 · by gexall · in Civil evidence, Witness statements

This week we continue with our look back at cases in relation to witness evidence.  This contains another reminder that there is a requirement, a mandatory requirement, that a witness making a witness statement gives the source of their information…

COVID REPEATS 40: ASKING LEADING QUESTIONS AND WITNESS STATEMENTS: THIS IS GOING TO END BADLY: EIGHT CRUCIAL POINTS ON EVIDENCE (& THEN 10 MORE)

COVID REPEATS 40: ASKING LEADING QUESTIONS AND WITNESS STATEMENTS: THIS IS GOING TO END BADLY: EIGHT CRUCIAL POINTS ON EVIDENCE (& THEN 10 MORE)

June 2, 2020 · by gexall · in Civil evidence, Witness statements

This week we are looking at witness statements and the process of gathering witness evidence. In August 2015 I wrote at length about the judgment of Mr Justice Jay in Susan Saunderson & Others -v- Sonae Industria (UK) Ltd [2015] EWCA…

WITNESS STATEMENTS FULL OF VITRIOL - THIS IS NEVER GOING TO END WELL...

WITNESS STATEMENTS FULL OF VITRIOL – THIS IS NEVER GOING TO END WELL…

May 28, 2020 · by gexall · in Civil evidence, Witness statements

The “Covid Repeats” series next week will revisit some of those (many) cases where judges have found witness statements to be inadequate.  The inclusion of unnecessary matters in witness statements is a continuing issue. It can be seen in the…

LIES, DAMN LIES AND LITIGATION: WHY PEOPLE TELL LIES AND WHAT DOES THE JUDGE DO? (A RECAP)

LIES, DAMN LIES AND LITIGATION: WHY PEOPLE TELL LIES AND WHAT DOES THE JUDGE DO? (A RECAP)

May 26, 2020 · by gexall · in Civil evidence, Witness statements

For various reasons issues relating to the credibility of witnesses and “lies” are in the news this week. Litigation is not always about  lies or liars. Often it is about misunderstandings, mistaken recollection and people convincing themselves that they are correct….

ASSESSING WITNESS CREDIBILITY:  A REMINDER OF THE BASIC PRINCIPLES

ASSESSING WITNESS CREDIBILITY: A REMINDER OF THE BASIC PRINCIPLES

May 25, 2020 · by gexall · in Civil evidence, Witness statements

Today is  is a good day to look  again at the judgment of Mr Justice Leggatt in Gestmin SGPS S.A. -v- Credit Suisse [2013] EWCA 3560 (Comm).  This is case that is now mentioned regularly in cases involving witness recollection and…

COVID REPEATS 30: THE LYING WITNESS: THE APPROACH OF THE CIVIL COURTS

COVID REPEATS 30: THE LYING WITNESS: THE APPROACH OF THE CIVIL COURTS

May 23, 2020 · by gexall · in Civil evidence, Witness statements

We are going back to what was the most widely read post on this blog in 2017 and 2018. It is about witnesses telling lies.Mr Justice Smith has observed that “witnesses can regularly lie”.  How do lies impact upon the…

PROVING THINGS 176: RELYING ON MEMORY FROM EVENTS A LONG TIME BACK

PROVING THINGS 176: RELYING ON MEMORY FROM EVENTS A LONG TIME BACK

May 19, 2020 · by gexall · in Civil evidence, Witness statements

I am grateful to David Platt QC  for sending me a copy of the judgment given today of Geoffrey Tattersall QC (sitting as a Deputy High Court Judge) in  Bannister -v- Freemans Public Limited Company [2020] EWHC 1256 (QB).  …

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