Blog
Kingsley Napley’s Medical Negligence Team ‘walks together’ with the Dame Vera Lynn Children’s Charity
Sharon Burkill
24 July 2025
Oral evidence part 4: Issues with expert evidence
Issues with expert evidence can have a profound impact on the credibility of a party’s case, and consequently the likelihood or not of a party succeeding at trial. In this article we discuss some recent case law which highlights the need for parties to carefully comply with their procedural obligations regarding expert evidence, namely Part 35 of the CPR (“Part 35”) and the accompanying Practice Direction, to avoid such risks.
17 July 2025
Oral evidence part 3: What is the role of a liquidator in giving evidence?
One of the key duties of a liquidator is to investigate the affairs of the insolvent company to determine whether its demise resulted from the acts (or omissions) of its directors or third parties against whom claims may be brought to obtain redress for losses suffered by the Company. This article focuses on claims initiated by the liquidator themselves, whether on their own behalf or on behalf of the company, and considers the weight that will be given to the liquidator’s evidence.
10 July 2025
Oral evidence part 2: What if a witness doesn’t turn up to court?
Where a party wishes to rely on a witness statement at trial, Civil Procedure Rule (CPR) 32.5 provides that they must call the witness to give oral evidence unless the court orders otherwise, or notice is provided of the intention to rely on the statement as hearsay evidence.
One of the issues that may arise during litigation is a witness failing to turn up at court to give evidence.
3 July 2025
Oral evidence part 1: Giving evidence abroad in the First-tier Tax Tribunal
In an ideal world, witnesses providing evidence in First-tier Tax Tribunal proceedings would do so in person at a hearing. It is often easier to build a rapport with the Judge in person, you avoid technical issues, and however informal the Tax Tribunal is in comparison to the civil courts, there is something to be said about looking into the whites of a witness’s eyes during a cross examination.
26 June 2025
The future of will disputes part 4: Challenging validity based on capacity
For a will to be valid, the testator must have had testamentary capacity at the time it was made. Testamentary capacity refers to the mental ability of the testator to make a valid will.
- Alternative dispute resolution
- Claims against banks
- Costs Law
- Court of Protection Disputes
- Cross-border litigation
- Defamation, privacy & reputation
- Fraud
- Restructuring & Insolvency
- Intellectual property claims
- Legal updates
- Litigation process
- Professional negligence
- Shareholder and Boardroom Disputes
- Wills, trusts and inheritance disputes