Civil Litigation Brief
Menu
  • Home
  • About
  • Copyright
  • Advertising Policy
  • Legal Disclaimer
Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers, Leeds, Manchester & Birmingham. 4-5 Gray's Inn Square, London.
Browse: Home » Witness statements
"HYPERBOLIC COMMENT" NOT WELCOME IN LITIGATION: HIGH COURT JUDGE SENDS OUT A WARNING: PLANE LANGUAGE IS BEST...

“HYPERBOLIC COMMENT” NOT WELCOME IN LITIGATION: HIGH COURT JUDGE SENDS OUT A WARNING: PLANE LANGUAGE IS BEST…

January 19, 2023 · by gexall · in Advocacy, Civil evidence, Witness statements, Written advocacy

In Peregrine Aviation Bravo Ltd & Ors v Laudamotion GmbH & Anor [2023] EWHC 48 (Comm) Mr Justice Henshaw was critical of “hyperbolic comment” in relation to the witness evidence.  This is not the first time that a judge has…

PROVING THINGS 246: WHEN THE WITNESS EVIDENCE MATCHES NEITHER THE PLEADINGS NOR THE CONTEMPORARY RECORDS

PROVING THINGS 246: WHEN THE WITNESS EVIDENCE MATCHES NEITHER THE PLEADINGS NOR THE CONTEMPORARY RECORDS

January 18, 2023 · by gexall · in Appeals, Civil evidence, Statements of Truth, Witness statements

We are looking again at the judgment in Excalibur & Keswick Groundworks Ltd v McDonald [2023] EWCA Civ 18 from a slightly different stance. The appeal was about QOCS and setting aside a notice of discontinuance. However the process that led…

COURT OF APPEAL DECISION: DEFENDANT SHOULD NOT HAVE BEEN GRANTED PERMISSION TO SET ASIDE NOTICE OF DISCONTINUANCE: DEFENDANT WOULD NOT HAVE BEEN ABLE TO STRIKE OUT THE CLAIM

COURT OF APPEAL DECISION: DEFENDANT SHOULD NOT HAVE BEEN GRANTED PERMISSION TO SET ASIDE NOTICE OF DISCONTINUANCE: DEFENDANT WOULD NOT HAVE BEEN ABLE TO STRIKE OUT THE CLAIM

January 18, 2023 · by gexall · in Appeals, Civil Procedure, QOCS

In  Excalibur & Keswick Groundworks Ltd v McDonald [2023] EWCA Civ 18 the Court of Appeal rejected the defendant’s appeal, which was an attempt to subvert the principles of Qualified One Way Costs Shifting (“QOCS”).  The claimant discontinued the action…

PROVING THINGS 236: THE DANGERS OF ADOPTING A FORMULAIC, TICK BOX APPROACH TO EVIDENCE

PROVING THINGS 236: THE DANGERS OF ADOPTING A FORMULAIC, TICK BOX APPROACH TO EVIDENCE

August 31, 2022 · by gexall · in Civil evidence, Witness statements

The decision in Camfield & Ors v Uyiekpen & Anor (HOUSING – RENT REPAYMENT ORDER – evidence – pro forma witness statements) [2022] UKUT 234 (LC) is a working example of the dangers of “tick box” evidence.   “This case…

MORE ON WITNESS EVIDENCE: CREDIBILITY IS MORE THAN DEMEANOUR: PLAUSABILITY "IS ALSO THE HALLMARK OF THE CONFIDENCE TRICKSTER DOWN THE AGES"

MORE ON WITNESS EVIDENCE: CREDIBILITY IS MORE THAN DEMEANOUR: PLAUSABILITY “IS ALSO THE HALLMARK OF THE CONFIDENCE TRICKSTER DOWN THE AGES”

August 25, 2022 · by gexall · in Civil evidence, Witness statements

The previous post looked at witness credibility and the Gestmin principles. Litigators will also benefit enormously from reading  the talk given at Bristol University Law School  in December 2014 by Mr Justice Mostyn “The Craft of Judging and Legal Reasoning”. …

THE SOURCE OF INFORMATION AND BELIEF: AN ESSENTIAL ELEMENT OF ANY WITNESS STATEMENT: 10 KEY POINTS

THE SOURCE OF INFORMATION AND BELIEF: AN ESSENTIAL ELEMENT OF ANY WITNESS STATEMENT: 10 KEY POINTS

August 23, 2022 · by gexall · in Civil evidence, Witness statements

This week the blog looks at some basic procedural issues. Today we are looking at witness statements, in particular the mandatory requirement that a witness give the source of their information or belief.  There are many cases where this basic…

WITNESS CREDIBILITY IN CIVIL LITIGATION: A REMINDER OF SOME KEY POINTS

WITNESS CREDIBILITY IN CIVIL LITIGATION: A REMINDER OF SOME KEY POINTS

August 17, 2022 · by gexall · in Civil evidence, Witness statements

Many, if not most, civil cases that get to trial rest on issues of witness credibility rather than issues of law.   These are the cases and decisions that rarely make the law reports, but do reflect the underlying reality of…

THE MANDATORY REQUIREMENTS OF A WITNESS STATEMENT: A CHECKLIST AND A REMINDER

THE MANDATORY REQUIREMENTS OF A WITNESS STATEMENT: A CHECKLIST AND A REMINDER

July 28, 2022 · by gexall · in Witness statements

This checklist covers the basic element of witness statements. It does not cover all the requirements of statements in the Business and Property Courts, guidance on those specific rules can be found in several posts on this blog, here  and…

Witness statements in the client’s own words: Witness statements when the client’s first language is not English: Webinar today

Witness statements in the client’s own words: Witness statements when the client’s first language is not English: Webinar today

July 25, 2022 · by gexall · in Civil evidence, Webinar, Witness statements

I am giving a webinar on the 25th July 2022 at 12.00 on “Witness statements in the client’s own words: Witness statements when the client’s first language is not English.”  Booking details can be found here.  (The webinar will be…

WITNESS STATEMENTS: A FAILURE TO FOLLOW THE BASIC RULES IS OFTEN A SIGN OF MORE FUNDAMENTAL PROBLEMS...

WITNESS STATEMENTS: A FAILURE TO FOLLOW THE BASIC RULES IS OFTEN A SIGN OF MORE FUNDAMENTAL PROBLEMS…

June 27, 2022 · by gexall · in Civil evidence, Witness statements

 We are looking at another aspect of the judgment of HHJ Pearce in Pitalia & Anor v NHS Commissioning Board [2022] EWHC 1636_2 (QB). The judge took the time to note that none of the claimant’s witness statements complied with…

THINGS TO THINK ABOUT WHEN SIGNING A DOCUMENT ON BEHALF OF A CLIENT: A FEW CASES CONSIDERED

THINGS TO THINK ABOUT WHEN SIGNING A DOCUMENT ON BEHALF OF A CLIENT: A FEW CASES CONSIDERED

June 20, 2022 · by gexall · in Avoiding negligence claims, Civil Procedure, Witness statements

It is also useful to issue periodic reminders of the dangers that are involved when a solicitor signs a document on behalf of their client. Here we look at several cases and the rules themselves.   The observations of the…

THE RULES ABOUT WITNESS STATEMENTS "SHOULD NOT BE USED AS A WEAPON FOR THE PURPOSE OF BATTERING THE OPPOSITION": COMMONSENSE MUST BE USED: APPLICANT ORDERED TO PAY 75% OF THE RESPONDENTS' COSTS ON THE INDEMNITY BASIS

THE RULES ABOUT WITNESS STATEMENTS “SHOULD NOT BE USED AS A WEAPON FOR THE PURPOSE OF BATTERING THE OPPOSITION”: COMMONSENSE MUST BE USED: APPLICANT ORDERED TO PAY 75% OF THE RESPONDENTS’ COSTS ON THE INDEMNITY BASIS

June 17, 2022 · by gexall · in Applications, Civil evidence, Costs, Witness statements

In Curtiss & Ors v Zurich Insurance Plc & Anor (Costs) [2022] EWHC 1514 (TCC) HHJ Keyser QC (sitting as a Judge of the High Court) ordered the applicant to pay 75%  the respondents’ costs on the indemnity basis. The…

THE PRACTICE DIRECTION SHOULD NOT BE TAKEN AS A WEAPON IN WHICH TO FILLET TWO OR THREE WORDS FROM A WITNESS STATEMENT: CLAIMANTS FAIL IN THEIR PITCH TO EXCLUDE EVIDENCE

THE PRACTICE DIRECTION SHOULD NOT BE TAKEN AS A WEAPON IN WHICH TO FILLET TWO OR THREE WORDS FROM A WITNESS STATEMENT: CLAIMANTS FAIL IN THEIR PITCH TO EXCLUDE EVIDENCE

May 27, 2022 · by gexall · in Applications, Civil evidence, Witness statements

In Lifestyle Equities CV & Anor v Royal County of Berkshire Polo Club Ltd & Ors [2022] EWHC 1244 (Ch) Mr Justice Mellor refused the claimants’ application to exclude or edit the defendants’ witness statements. “… in my view PD57AC…

FAILURE TO COMPLY WITH THE RULES LEADS TO PARTS OF A CLAIMANT'S WITNESS STATEMENT BEING STRUCK OUT: COMPLY WITH THE RULES - OR ELSE

FAILURE TO COMPLY WITH THE RULES LEADS TO PARTS OF A CLAIMANT’S WITNESS STATEMENT BEING STRUCK OUT: COMPLY WITH THE RULES – OR ELSE

May 25, 2022 · by gexall · in Applications, Civil evidence, Witness statements

In Primavera Associates Ltd v Hertsmere Borough Council [2022] EWHC 1240 (Ch) HHJ Paul Matthews, sitting as a judge of the High Court, struck out parts of the claimant’s witness statement due to its failure to comply with the rules. …

INFERENCES TO BE DRAWN WHEN A PARTY DOES NOT FILE EVIDENCE AND THERE ARE ISSUES WITH DISCLOSURE: A WORKING EXAMPLE

INFERENCES TO BE DRAWN WHEN A PARTY DOES NOT FILE EVIDENCE AND THERE ARE ISSUES WITH DISCLOSURE: A WORKING EXAMPLE

May 16, 2022 · by gexall · in Applications, Civil evidence, Disclosure, Witness statements

In Sinha v Taylor & Ors [2022] EWHC 1096 (Comm) Mr Simon Colton QC considered the inferences to be drawn when the defendants had not filed witness evidence and there was issues in relation to disclosure.   THE CASE The…

STRIKING OUT PART OF A WITNESS STATEMENTS: SOME PART OF THESE HAVE TO GO: HIGH COURT DECISION

STRIKING OUT PART OF A WITNESS STATEMENTS: SOME PART OF THESE HAVE TO GO: HIGH COURT DECISION

April 27, 2022 · by gexall · in Civil evidence, Witness statements

The judgment of Mrs Justice Steyn in Vardy  -v- Rooney & News Group Newspapers Ltd [2022] EWHC 946 (QB) also contains a consideration of an application to strike out part of the witness statement.  There is a review of the…

RELIEF FROM SANCTIONS REQUIRED WHEN A PARTY SERVES A WITNESS SUMMARY AND NOT A WITNESS STATEMENT: SOME WITNESSES ALLOWED, OTHERS WERE NOT

RELIEF FROM SANCTIONS REQUIRED WHEN A PARTY SERVES A WITNESS SUMMARY AND NOT A WITNESS STATEMENT: SOME WITNESSES ALLOWED, OTHERS WERE NOT

April 26, 2022 · by gexall · in Applications, Relief from sanctions, Witness statements

The judgment of Mrs Justice Steyn in  Vardy  -v- News Group Newspapers Ltd [2022] EWHC 946 (QB) serves as a reminder that a party cannot simply serve witness summaries in place of witness statements. The judge granted relief from sanctions…

WITNESS STATEMENTS AND LANGUAGE DIFFICULTIES: JUDGE EXAMINES THE "MINEFIELD" FOR THE LITIGANT

WITNESS STATEMENTS AND LANGUAGE DIFFICULTIES: JUDGE EXAMINES THE “MINEFIELD” FOR THE LITIGANT

April 14, 2022 · by gexall · in Civil evidence, Witness statements

In Bahia v Sidhu & Anor [2022] EWHC 875 (Ch) Mrs Justice Joanna Smith considered the problems that arose when a witness provided a statement in English but was not totally proficient in that language.  The decision to provide the…

WHEN A WITNESS GIVES DIFFERENT ACCOUNTS IN DIFFERENT STATEMENTS IT RARELY HELPS THEIR CASE: JUDGE FINDS IT "UNIMPRESSIVE"

WHEN A WITNESS GIVES DIFFERENT ACCOUNTS IN DIFFERENT STATEMENTS IT RARELY HELPS THEIR CASE: JUDGE FINDS IT “UNIMPRESSIVE”

April 12, 2022 · by gexall · in Civil evidence, Personal Injury, Witness statements

In Parry v Johnson & Anor (Rev1) [2022] EWHC 889 (QB) Mr Justice Ritchie considered the evidence of the defendant driver in a road traffic case.  The defendant’s different accounts on different occasions did not help his cause.  The judge…

"LEGAL PROCEEDINGS DO NOT EXIST FOR THE PURPOSE OF PERMITTING PARTIES TO PUT IRRELEVANT MATTERS INTO THE PUBLIC DOMAIN": EVIDENCE ON BEHALF OF THE DUKE OF SUSSEX IS CURTAILED

“LEGAL PROCEEDINGS DO NOT EXIST FOR THE PURPOSE OF PERMITTING PARTIES TO PUT IRRELEVANT MATTERS INTO THE PUBLIC DOMAIN”: EVIDENCE ON BEHALF OF THE DUKE OF SUSSEX IS CURTAILED

March 28, 2022 · by gexall · in Applications, Civil evidence, Civil Procedure, Witness statements

In  The Duke of Sussex, R (On the Application Of) v Secretary of State for the Home Department [2022] EWHC 682 (Admin)  Mr Justice Swift excluded irrelevant material in witness statements and other documents.  He also refused the claimant’s request…

1 2 … 18 Next →

Copyright

© Gordon Exall, Civil Litigation Brief, 2013-2023. Unauthorised use and or duplication of the material contained on this blog without permission from this blog's author is strictly prohibited. Excerpts and links may be used, provided that full and clear credit is given to Gordon Exall and Civil Litigation Brief with appropriate and specific direction to the original content.

Subscribe to Blog via Email

Enter your email address to subscribe to this blog and receive notifications of new posts by email.

Join 31,034 other subscribers

Recent Posts

  • FUNDAMENTAL DISHONESTY FOUND WHEN AN INVOICE WAS DOCTORED: NOT EVERYTHING CAN BE SAID WITH FLOWERS
  • ITS OFFICIAL – THE BEST COSTS ADVICE YOU CAN GIVE TO A YOUNG LAWYER: READ IT HERE: CONTEST WINNER
  • DELAY BY THE CLAIMANT WAS NOT “WAREHOUSING” AND DID NOT LEAD TO A STRIKE OUT: A PARTY ALLEGING DELAY WAS ABUSE MUST ACT PROMPTLY
  • UNDERSTANDING THE LAW RELATING TO FATAL ACCIDENTS: WEBINAR 8th FEBRUARY 2023
  • CLAIMANT FAILS IN AN APPLICATION FOR WASTED COSTS AGAINST HIS OWN LAWYERS: HOWEVER THERE IS AN IMPORTANT LESSON HERE

Top Posts & Pages

  • ITS OFFICIAL - THE BEST COSTS ADVICE YOU CAN GIVE TO A YOUNG LAWYER: READ IT HERE: CONTEST WINNER
  • CLAIMANT FAILS IN AN APPLICATION FOR WASTED COSTS AGAINST HIS OWN LAWYERS: HOWEVER THERE IS AN IMPORTANT LESSON HERE
  • NO DUTY ON A PARTY TO INFORM AN OPPOSING PARTY THEY ARE MAKING AN ERROR: THE APPEAL JUDGMENT IN PHOENIX IN FULL:
  • WHAT IS THE BEST COSTS ADVICE YOU CAN GIVE TO A YOUNG LAWYER? THE ENTRIES
  • DELAY BY THE CLAIMANT WAS NOT "WAREHOUSING" AND DID NOT LEAD TO A STRIKE OUT: A PARTY ALLEGING DELAY WAS ABUSE MUST ACT PROMPTLY

Blogroll

  • Coronavirus: Guidance for lawyers and businesses
  • Fatal Accident Law
  • Personal injury: Liability and Damages

Books

  • Munkman & Exall on Damages for Personal Injuries and Death 14th ed
  • The APIL Guide to Fatal Accidents 4th edition

Useful Links

  • Kings Chambers
  • Kings Chambers Costs & Litigation Funding
  • Kings Chambers Serious Injury
  • The Civil Procedure Rules
  • Website of 4 – 5 Gray's Inn Square
  • Website of 4-5 Gray's Inn Square, Catastrophic Injury Group
  • www.Bailii.org

Archives

Privacy & Cookies: This site uses cookies. By continuing to use this website, you agree to their use.
To find out more, including how to control cookies, see here: Cookie Policy

Copyright © 2023 Civil Litigation Brief

Powered by WordPress and Origin