Civil Litigation Brief

JUNE 20, 2024

“WITNESS STATEMENTS ARE FOR FACTS: KNOWING THE DIFFERENCE BETWEEN EVIDENCE AND SUBMISSIONS (AND WHY IT MATTERS)” It is very interesting to. As part of the 11th anniversary process I am looking at a blog that was written in June 2014.

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Evidence Witnesses 119

Civil Litigation Brief

AUGUST 26, 2024

We are looking again at the skills necessary to take accurate witness statements. Here we revisit a real gem of an article by Ula Cartwright-Finch and Alex Waksman of Herbert Smith Freehills on the accuracy of witness statements and the.

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Witnesses Evidence 52

Civil Litigation Brief

NOVEMBER 18, 2024

In Wigglesworth v Beetson [2024] EWHC 2886 (Ch) HHJ Matthews (sitting as a High Court Judge) considered arguments that a failure to expressly challenge markings on a plan used by a witness meant that the evidence had to be accepted.

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Witnesses Evidence Case Management 52

Civil Litigation Brief

SEPTEMBER 13, 2024

This time looking at the issues relating to witness statements. We are returning to the judgment of Chief Master Shuman in In IlliquidX Ltd v Altana Wealth Ltd & Ors [2024] EWHC 2191 (Ch). There is a detailed consideration of the rules,

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Witnesses Evidence 52

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

Civil Litigation Brief

NOVEMBER 5, 2024

In Bond & Anor v Webster & Ors [2024] EWHC 989 (Ch) Master Bowles (sitting in retirement) granted an application to strike out parts of a witness statement that referred to an offer made at a without prejudice meeting.

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Witnesses Evidence 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.

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Evidence Witnesses 52

E-Discovery LLC

SEPTEMBER 1, 2024

499 (2024), addressed introduction of a “composite” video as summary evidence and the use of police officers’ testimony describing it. Neither of the testifying detectives witnessed the events about which they testified. Can a witness authenticate a video if the video contains images that the witness did not see?

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Civil Litigation Brief

NOVEMBER 13, 2024

The Court of Appeal decision in T (Fresh Evidence on Appeal) [2024] EWCA Civ 1384 is an appeal in a family court case. It contains important observations in relation to attempts to adduce new evidence at the appeal stage. Equally.

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Evidence Witnesses 59

E-Discovery LLC

AUGUST 23, 2024

22, 2024), my friend Paul Sandler wrote: “It can be said that direct and cross-examination are the central features of the trial, and essential to examinations are the exhibits sought to be introduced in evidence.” In Authentication is key to direct and cross-examination (thedailyrecord.com) (Aug.

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Cross-Examination Exhibits Evidence Witnesses 130

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

Jonathan Leach LLC

APRIL 9, 2024

During a trial, witnesses play a significant role in shedding light on events that transpired to assist the courts in their decision-making process. As trials proceed, witnesses offer their accounts, insights, and expertise to aid in the search for truth. What Does a Witness Do?

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Witnesses Forensic Evidence Evidence Trial Preparation 52

Expert Witness Blog

MAY 13, 2024

Summary: Americans with Disabilities Act (ADA) Expert Witness testimony not allowed because the expert provided legal opinions about discrimination, which is not admissible. To assist in their case, the defendant hired Americans with Disabilities Act (ADA) Expert Witness Robert F. Minnick to provide expert witness testimony.

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Witnesses Admissibility Evidence Court Rules 52

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

Destination Articles Blog

NOVEMBER 5, 2024

In family law, how you handle digital evidence can really make or break your client’s case, especially in high-conflict scenarios. Texts, emails, and social media posts can significantly influence custody decisions, highlighting the need for attorneys to manage this evidence with great care. This situation impacts about 21.9

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Digital Evidence Evidence Education Discovery 52

Temple University Beasley School of Law - Advocacy

FEBRUARY 4, 2024

The witness is asked “are you aware” or “have you heard” that defendant X was convicted in 2018 of [name of crime]. The theory is simple if not simplistic: if the witness says “yes, I’ve heard of that conviction” then the prosecutor, in closing argument, may question that witness’ standards.

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Witnesses Closing Argument Cross-Examination Evidence 40

Expert Witness Blog

MAY 24, 2024

Summary: Mechanical Engineering Expert Witness allowed to provide testimony even though the defendant’s argued that he was not qualified to offer an opinion on miters saws as he does not have the requisite experience on the topic. The plaintiff hired Mechanical Engineering Expert Witness Dr. Charles E. Home Depot USA, Inc.

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Witnesses Cross-Examination Admissibility Manufacturing 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.

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Evidence Jury Instructions Discovery Affidavits 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 &

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Witnesses Evidence 52

Evidence at Trial

APRIL 26, 2023

What Social Media Evidence? Starting with the obvious, information on social media certainly is evidence. In California, evidence is comprehensively defined to include "testimony, writings, material objects, or other things presented to the senses that are offered to prove the existence or nonexistence of a fact." ” Cal.

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Evidence Admissibility Witnesses Chain Of Custody 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.

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Witnesses Evidence 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.

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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

Expert Witness Blog

MAY 29, 2024

Overview: Automotive Engineering Expert Witness testimony allowed in part because the court concluded that Bloch’s testimony that alternative designs of the Silverado would have saved the plaintiff’s life was unreliable. The plaintiff hired Automotive Engineering Expert Witness Byron Bloch to provide expert witness testimony.

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Automotive Witnesses Admissibility Manufacturing 52

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

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.

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Witnesses Case Management Evidence 52

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

Jonathan Leach LLC

AUGUST 7, 2024

Jonathan Leach, LLC is a trial consulting firm that helps attorneys, parties, clients, and witnesses present the best case possible. From jury consulting to witness training, we can tailor our services to fit your case’s unique needs to help your legal team feel confident. 10 Essential Trial Preparation Steps 1.

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Trial Preparation Cross-Examination Case Theory Witnesses 97

Jonathan Leach LLC

JUNE 10, 2024

This includes case briefs, witness statements, exhibits, and relevant statutes or legal precedents. Summarize the facts, jot down key points from witness statements, and organize notes for easy reference later. Discuss which side needs to prove what and what the standards of evidence are needed.

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Burden Of Proof Trial Preparation Witnesses Evidence 97

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.

Witnesses 52

Witnesses Case Management Evidence 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

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

Plaintiff Trial Lawyer Tips

NOVEMBER 17, 2024

Here are some thoughts about doing that There is a distinct connection of thought between evidence of cause and circumstantial evidence. Direct and Circumstantial Evidence The evidence that has been presented to you may be either direct or circumstantial. One broadcast applied the logic of circumstantial evidence.

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Burden Of Proof Jury Instructions Jury Selection Evidence 100

Optima Juris

OCTOBER 26, 2023

Understanding voluntary depositions in Mexico: A guide for lawyers and paralegals As a lawyer or a paralegal, you may encounter cases where you must schedule a deposition with a witness residing in Mexico. citizen witnesses can be conducted in Mexico without any restrictions as long as no compulsion is used. embassy directly.

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Depositions Witnesses Evidence 52

Practice of Law

SEPTEMBER 5, 2024

Let’s look at how prosecutors got evidence against them before diving into the appeal. Cloud Under Investigation Cloud was implicated in drug dealing through a series of investigative actions and evidence. Rap Lyrics Introduced as Evidence Watkins's wife, Kizzy Childs, testified at trial about the defendant’s good character.

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Evidence Admissibility Objections Pleadings 40