Civil Litigation Brief

NOVEMBER 8, 2024

In Raja & Anor v ATM Law & Ors [2024] EWHC 2782 (Ch) the witnesses gave evidence (or attempted to give evidence) from inappropriate places, including a bus. The judgment of Master Clark shows the need to follow the correct.

Evidence 98

Evidence Witnesses 98

Civil Litigation Brief

JULY 17, 2024

In Tanfield & Anor v Meadowbrook Montessori Ltd [2024] EWHC 1759 (Ch) ICC Judge Barber allowed a respondent’s application for relief from sanctions when witness evidence was served late. The Denton test was considered and, although the respondent could not.

Evidence 69

Evidence Witnesses 69

Civil Litigation Brief

JANUARY 5, 2025

In Director of Public Prosecutions v Surin [2025] EWHC 10 (KB) Mr Justice Mould considered issues relating to the service of witness evidence by the defendant in the claimant’s application for summary judgment. The unusual element of this action was.

Witnesses 52

Witnesses Evidence 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?

Admissibility 130

Admissibility Witnesses Evidence Exhibits 130

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.

Cross-Examination 130

Cross-Examination Exhibits Evidence Witnesses 130

Attorney at Work

JULY 16, 2021

It will be important to ensure those recordings are admissible as evidence. This change brings with it positive aspects such as access to remote witnesses, wider adoption of technology and better work-life balance with less travel. City of Chicago, Case No. 17 C 5859 (N.D. 20, 2020)).

Depositions 363

Depositions Exhibits Witnesses Admissibility 363

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.

Witnesses 72

Witnesses Evidence 72

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.

Burden Of Proof 183

Burden Of Proof Jury Instructions Jury Selection Evidence 183

E-Discovery LLC

DECEMBER 21, 2024

Can a witness authenticate a video if the video contains images that the witness did not see? Reasonably Calculated to Lead to Discovery of Admissible Evidence Is a Vehicles On Board or Dash Cam Video Protected From Disclosure as Work Product? Is a Composite Video Admissible and Can a Police Officer Narrate It at Trial?

Admissibility 130

Admissibility Witnesses Discovery Mediation 130

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 (..)

Witnesses 94

Witnesses Court Rules Evidence Litigation 94

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.

Witnesses 52

Witnesses Evidence 52

Civil Litigation Brief

DECEMBER 20, 2024

In Waite v Skilton & Ors [2024] EWHC 3153 (Ch) Mr Recorder Adrian Jack (sitting as a High Court Judge) considered the practical problems that can arise where a witness gives evidence at trial following service of a witness summary.

Witnesses 52

Witnesses Evidence 52

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.

Evidence 80

Evidence Witnesses 80

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,

Witnesses 69

Witnesses Evidence 69

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.

Burden Of Proof 97

Burden Of Proof Trial Preparation Witnesses Evidence 97

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.

Evidence 75

Evidence Education Witnesses 75

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.

Witnesses 83

Witnesses Evidence 83

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.

Trial Preparation 97

Trial Preparation Cross-Examination Case Theory Witnesses 97

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.”

Evidence 130

Evidence Witnesses Discovery Litigation 130

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,

Witnesses 52

Witnesses Evidence 52

Civil Litigation Brief

NOVEMBER 10, 2024

In terms of preparation of client’s case, and prospects of success, witness statements are crucial. The rules only allow the witness to give additional evidence in exceptional circumstances. Many cases that go to trial are, in essence, about the credibility.

Witnesses 52

Witnesses Legal Arguments Evidence 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.

Witnesses 78

Witnesses Evidence 78

E-Discovery LLC

MAY 27, 2024

In response, “the prosecutor proffered that Sandhu was named in the supplemental discovery documents, which had been disclosed several weeks before the start of trial, but candidly acknowledged that the State had not indicated its intention to call Sandhu as a witness at that time. Rule 4-263(n). Williams v. State , 416 Md. 670, 698 (2010).

Discovery 130

Discovery Cross-Examination Witnesses Admissibility 130

E-Discovery LLC

DECEMBER 18, 2024

Boyers (or anyone elses) chat messages contain relevant evidence that was not properly preserved, and thus there is no justification for an order requiring Google to run the search terms plaintiffs propose through the documents collections for all Google custodians and witnesses. Labeling Documents as Privileged (Mar. Grimm, Michael D.

Discovery 130

Discovery Litigation Witnesses Depositions 130

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

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

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?

Witnesses 52

Witnesses Forensic Evidence Evidence Trial Preparation 52

IP Watchdog

FEBRUARY 15, 2022

I-MAK has become very popular; its drug patent numbers are invoked as fact by congresspersons, academics, congressional witnesses, and policy activists.

Evidence 98

Evidence Witnesses Technology 98

Civil Litigation Brief

DECEMBER 1, 2024

The defendant did not call the one witness that had first hand knowledge of conversations and other. We are looking again at the judgment of HHJ Berkley in Melia & Anor v Tamlyn And Son ltd [2024] EWHC 3002 (Ch).

Witnesses 52

Witnesses Evidence 52

E-Discovery LLC

NOVEMBER 26, 2024

The court wrote that he wanted witnesses’ contemporaneous statements to Sedgwick obtained “while [Sedgwick was] investigating his claim shortly after the incident occurred on December 17, 2020, which was almost four years ago.” Keefe and other Kroger employees were key witnesses. That footage is lost and cannot be restored.”

Subpoenas 130

Subpoenas Evidence Witnesses Precedent 130

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.

Witnesses 52

Witnesses Admissibility Evidence Court Rules 52

Civil Litigation Brief

DECEMBER 30, 2024

We are returning to the judgment of HHJ Kelly (sitting as a High Court Judge) in MJF v University Hospitals Birmingham NHS Foundation Trust [2024] EWHC 3156 (KB). This time we are looking at the judge’s observations about the preparation.

Evidence 52

Evidence Witnesses 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.

Evidence 52

Evidence Admissibility Witnesses Chain Of Custody 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

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.

Witnesses 52

Witnesses Cross-Examination Admissibility Manufacturing 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.

Witnesses 52

Witnesses Evidence Case Management 52

Plaintiff Trial Lawyer Tips

JANUARY 15, 2025

They just have a general sense they want to prove the witness is wrong or a liar. Demonstrating the bias of the witness to undermine the testimony offered 2. Demonstrating the bias of the witness to undermine the testimony offered 2. If the witness is not believable, it matters little what is said by way of testimony.

Cross-Examination 100

Cross-Examination Witnesses Direct Examination Depositions 100