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Kingsley Napley’s Medical Negligence Team ‘walks together’ with the Dame Vera Lynn Children’s Charity
Sharon Burkill
Judicial commentary shows that judges are exceedingly aware of the unreliability of witnesses’ memory when considering evidence at trial. While judges may take differing views as to the reliance that ought to be placed on oral evidence as compared to contemporaneous documents, procedural safeguards are now in place to help strengthen the reliability of witness evidence, in CPR Practice Direction 57AC - Trial Witness Statements in the Business and Property Courts (“PD 57AC”).
Our series focused on the settlement of disputes considers issues encountered by practitioners across a range of dispute resolution specialities. This article discusses steps that can be taken to ensure that negotiations are not binding until final terms are agreed, to protect parties from unintended commitments.
As Mummery LJ noted in Sidhu & Anor v Memory Corporation Plc, “[i] cannot be emphasised too strongly that at an urgent without notice hearing for a freezing order, as well as for a search order or any other form of interim injunction, there is a high duty to make full, fair and accurate disclosure of material information to the court and to draw the court's attention to significant factual, legal and procedural aspects of the case”.
One of the challenges in international disputes is how documentation and oral evidence can be obtained from an individual or organisation based in another jurisdiction. This blog briefly explores some of the considerations when a request is made for an individual in England to attend a deposition for use in US proceedings.
It is an unfortunate truth that the success of an entire claim can turn on the evidence provided by a litigant or witness in the witness box.
Sharon Burkill
Natalie Cohen
Caroline Sheldon
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