Civil Litigation Brief

JULY 26, 2024

In Seaton Management Ltd v Evans-Jones [2024] EWHC 1883 (Ch) ICC Judge Barber refused the respondent’s application for relief from sanctions when a witness statement was served three weeks late. “The matters addressed in the Respondent’s skeleton argument on.

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Witnesses Evidence 72

The Cloud Court Blog

APRIL 24, 2023

Dear Litigation Friends: It is with regret that I write to inform you that you are a profoundly unreliable witness. You’re an unreliable witness to the depositions you took and you’re an unreliable witness to the depositions you defended. If you take or defend witnesses with any frequency, you know this to be true.

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Witnesses Litigation Depositions Motion Practice 52

Civil Litigation Brief

AUGUST 16, 2024

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.

Evidence 52

Evidence Witnesses 52

E-Discovery LLC

SEPTEMBER 10, 2024

The Court denied an implied request for spoliation sanctions, writing: “Without evidence before it that there was a video, the Court declines to speculate that one existed.” A witness gave a written “statement,” using a “witness statement form.” Plaintiff alleged “that video evidence existed that has been spoliated.”

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Evidence Witnesses Discovery Litigation 130

Civil Litigation Brief

SEPTEMBER 6, 2024

In IlliquidX Ltd v Altana Wealth Ltd & Ors [2024] EWHC 2191 (Ch) Chief Master Shuman dismissed the claimant’s application to rely on expert evidence. It was held that the application was made too late and, in any event, not.

Evidence 52

Evidence Litigation Witnesses 52

Sound Jury Blog

JANUARY 8, 2024

In the spirit of correcting past problems and forging new habits, here’s a list of litigation resolutions – from case intake to closing argument – to put your trial strategy either back on track or to keep it on track. Deposition practice is one of the most over-looked aspects of litigation preparation.

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Litigation Jury Selection Closing Argument Depositions 52

Next Generation E-Discovery Law & Tech Blog

AUGUST 30, 2023

By John Patzakis The Best Evidence Rule, as codified in Federal Rule of Evidence 1002, provides that an original writing, recording, or photograph is required to prove the contents of the document. The plaintiff had deleted his Facebook account resulting in lost evidence critical to the case.

Evidence 52

Evidence Jury Instructions Discovery Affidavits 52

Civil Litigation Brief

OCTOBER 18, 2024

In Burns v Bridge & Anor [2024] EWHC 2620 (Ch) HHK Cawson KC, sitting as a High Court Judge, observed that the claimant’s witness statement did not comply with PD 57AC. The witness statement was, to all and intents and.

Witnesses 52

Witnesses Evidence 52

Civil Litigation Brief

JUNE 26, 2024

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,

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Witnesses Evidence 69

Civil Litigation Brief

JULY 29, 2024

On the rare occasions we look at procedure in jurisdictions outside England and Wales it is often in relation to expert evidence. Other jurisdictions have similar issues in relation to experts, particularly argumentative experts. An example can be seen in.

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Evidence Education Witnesses 75

Civil Litigation Brief

JULY 18, 2024

She rejected the second defendant’s evidence based on. 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.

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Evidence Witnesses 80

Jonathan Leach LLC

OCTOBER 16, 2023

Litigation can be a complex process. That’s where litigation consulting can make a difference. With the help of Jonathan Leach, LLC, we help attorneys, parties, clients, and witnesses in El Paso present the best case possible. What is Litigation Consulting? Contact us online or call (972) 890-8482 to learn more.

Litigation 52

Litigation Jury Selection Trial Strategy Cross-Examination 52

Civil Litigation Brief

SEPTEMBER 13, 2024

The result of clinical negligence cases sometimes rest on the views of expert witnesses. Sometimes it is the evidence of witnesses with different recollections of events. On many occasions it is the two issues combined. In Deakin-Stephenson v Behar &

Witnesses 52

Witnesses Evidence 52

Civil Litigation Brief

OCTOBER 14, 2024

In Oliver v Duffy [2024] EWHC 2590 Mrs Justice Hill considered an application for relief from sanction in a case where witnesses had not attended trial. The judge granted relief from sanctions but went on to hold that those statements.

Witnesses 52

Witnesses Case Management Evidence 52

Evidence at Trial

APRIL 26, 2023

To best handle evidentiary questions about social media, litigators must understand the relevant evidentiary rules and their application. What Social Media Evidence? Starting with the obvious, information on social media certainly is evidence. Is Social Media Evidence Relevant? Is Social Media Evidence Authentic?

Evidence 52

Evidence Admissibility Witnesses Chain Of Custody 52

Civil Litigation Brief

AUGUST 12, 2024

In KSY Juice Blends UK Ltd v Citrosuco GmbH [2024] EWHC 2098 (Comm) HHJ Pearce (sitting as a Judge of the High Court) observed that the requirements for drafting witness statements in PD57AC were “more honoured in the breach than.

Witnesses 72

Witnesses Evidence 72

Civil Litigation Brief

AUGUST 15, 2024

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.

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Witnesses Evidence 59

Civil Litigation Brief

JULY 16, 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.

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Witnesses Evidence 83

Civil Litigation Brief

OCTOBER 15, 2024

We have considered the dangers of attempting to use artificial intelligence in litigation before. The use of artificial intelligence in an expert report was considered b Schopf.S in the Surrogate’s Court, Saratoga County, in the “Matter of Weber” “The mere.

Evidence 52

Evidence Litigation Witnesses 52

E-Discovery LLC

AUGUST 16, 2024

In the latest iteration of In Re StubHub Refund Litigation , 2024 WL 3817068 (N.D. This is adversarial litigation, and there need to be clearly understood responsibilities. You can move your opponent’s rog responses in evidence as the statement of a party opponent because your opponent said those facts are true. emphasis added].

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Interrogatories Discovery Depositions Litigation 130

Civil Litigation Brief

JUNE 13, 2024

In Woods v Doncaster And Bassetlaw Teaching Hospitals NHS Foundation Trust [2024] EWHC 1432 (KB) Mrs Justice Lambert preferred the claimant’s expert evidence to that that of the defendant. This was not because either expert was unduly partisan. Rather it.

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Witnesses Evidence 78

Civil Litigation Brief

AUGUST 29, 2024

The case, about historic sports cars, involved (among other things) “procedural trench warfare”; highly defective bundles; non-compliant witness statements; There are interesting procedural aspects in the judgment of Simon Gleeson in Carl v Hawkins & Ors [2024] EWHC 2186 (Ch).

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Witnesses Evidence 59

Civil Litigation Brief

AUGUST 12, 2024

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.

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Witnesses Case Management Evidence 52

CaseFox

DECEMBER 21, 2023

The legal proceedings can be broadly categorised into civil and criminal litigation, each governed by distinct laws and procedures. This blog highlights the key differences between civil and criminal litigation according to the law. Discovery is the process by which parties exchange information and evidence.

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Litigation Evidence Burden Of Proof Objections 52

CaseFox

MAY 23, 2023

Among these roles, lawyers and litigators often create confusion due to their similarities. In this comprehensive blog post, we will delve into the world of litigators, shedding light on their specific role and how it differs from that of a lawyer. What is a Litigator?

Litigation 52

Litigation Cross-Examination Settlement Negotiations Legal Research 52

Civil Litigation Brief

SEPTEMBER 24, 2024

We are returning to the judgment of HHJ Melissa Clarke (sitting as a judge of the High Court) in Wilson v Ministry of Justice [2024] EWHC 2389 (KB) and staying with the theme of expert witnesses whose evidence was found wanting.

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Witnesses Evidence 59

Civil Litigation Brief

SEPTEMBER 18, 2024

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.

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Witnesses Evidence 52

Civil Litigation Brief

SEPTEMBER 25, 2024

We are also returning to the question of expert evidence. We are returning once again to the judgment of HHJ Melissa Clarke (sitting as a judge of the High Court) in Wilson v Ministry of Justice [2024] EWHC 2389 (KB).We

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Evidence Witnesses 59

Civil Litigation Brief

AUGUST 22, 2024

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.

Witnesses 52

Witnesses Evidence 52

Civil Litigation Brief

JULY 18, 2024

There are some interesting observations about expert witness evidence in the judgment in Biggadike v El Farra & Anor [2024] EWHC 1688 (KB) Firstly in relation to the attendance at clinical seminars (during the course of the trial). Secondly in relation to.

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Witnesses Evidence 64

IP Watchdog

AUGUST 19, 2021

While the Federal Circuit’s most recent decision, which denied the USPTO’s request to shift expert witness fees even while the appellate court vacated attorney’s fees awarded to Hyatt, could be seen as a mixed victory for Hyatt, it continues to shine a light on an unfortunate legal situation in which an independent inventor continues to be denied patent (..)

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Witnesses Court Rules Evidence Litigation 94

E-Discovery LLC

SEPTEMBER 17, 2024

Doug Austin wrote an interesting blog, Police May be Coming for Your Tesla as a Potential Crime Witness (ediscoverytoday.com) (Sept. They’re scanning for Teslas parked nearby, hoping their unique outward-facing cameras captured key evidence.” The implications for civil litigation are obvious. This has led to litigation.

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Manufacturing Litigation Discovery Insurance 130

WA Bar News

JUNE 11, 2024

Fucile “[T]estimony of witnesses who were kicked by plaintiff’s attorney while the witnesses were responding to defendants’ attorney’s inquiry. should not be considered as evidence. because there is no way of knowing what the testimony would have been if the witnesses had been left alone.” — West v. Irwin (E.D.

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Depositions Witnesses Objections Discovery 96

Civil Litigation Brief

JUNE 27, 2024

This week we have looked back at some of the consistent topics on this blog over the past 11 years: expert evidence; witness statements; proving things, among them. I could have added many others: Part 36; service (or non-service) of.

Witnesses 69

Witnesses Evidence 69

Civil Litigation Brief

JUNE 25, 2024

Looking back at previous posts there are, numerous, indeed hundreds, where the courts have considered the role of experts. The cases that appear on this blog tend to be where judges have found the experts wanting. It almost feels unfair.

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Evidence Witnesses 72

Civil Litigation Brief

SEPTEMBER 2, 2024

We are returning to the judgment of Mr Justice Julian Knowles in Allard v Govia Thameslink Railway Ltd [2024] EWHC 2227 (KB). More accurately to the first instance decision which the defendant attempted (unsuccessfully) to appeal. This time in relation to.

Witnesses 52

Witnesses Evidence 52

Jonathan Leach LLC

APRIL 28, 2023

You may be unsure whether a witness’s testimony seemed credible or if a piece of evidence was effective. At Jonathan Leach, LLC , we provide litigation consulting services to clients throughout El Paso and the surrounding areas. Let us help you by providing full-service litigation consulting. Preparing for a Trial?

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Witnesses Evidence Trial Preparation Litigation 52