‘The Claimant, MJF, alleged that her surgery had been conducted negligently, causing a severe deterioration in her condition. The importance of the case to practitioners lies not in its determination on substantive law, but in the Judge’s observations on (i) statements of case; (ii) witness statements and witness evidence; and (iii) expert evidence.’
1 QMLR, 6th March 2025
Source: 1corqmlr.com
‘Frequently, in overseas injury claims, one (or perhaps both) of the parties seeks to adduce evidence from a witness whose first language is not English. Before getting to the issue as to whether that witness will be able to give oral evidence at trial by video (a topic for another day), there will need to be a suitable written statement for that witness. The experience of a witness statement in English put before the court when it becomes quickly apparent that the witness is unable to speak or read English, is not a happy one. It is important to bear in mind the requirements of the CPR as to how the statements of witnesses in such cases should be prepared.’
3 Hare Court, 6th February 2025
Source: www.3harecourt.com
‘Thea Wilson looks at the recent High Court decision in MJF v University Hospitals Birmingham NHS Foundation Trust [2024] EWHC 3156 (KB) and considers the perennial question of how a court assesses the reliability of a witness in the face of conflicting medical records.’
12KBW 29th January 2025
Source: clinicalnegligence.blog
‘Alex Carington examines the lessons for experts and the difficulties in establishing fundamental dishonesty in a recent decision on sexual abuse, Samrai v Kalia [2024] EWHC 3143 (KB).’
12KBW, 20th January 2025
Source: pilawblog.com
‘New practice guidance ‘The use of Intermediaries, Lay Advocates and Cognitive Assessments in the Family Court’, was issued by the President of the Family Division on 23 January.’
Transparency Project, 27th January 2025
Source: transparencyproject.org.uk
‘A council solicitor who amended a signed witness statement without express confirmation of the changes before submitting it to the High Court has been cleared of misconduct.’
Legal Futures, 17th December 2024
Source: www.legalfutures.co.uk
‘People scheduled to stand trial could be “diverted” from the criminal justice system in efforts to tackle the “unsustainable” backlog of court cases, the head of a major justice review has said.’
The Guardian, 14th December 2024
Source: www.theguardian.com
‘A judge has strongly criticised an employment tribunal (ET) that copied most of its reasons from the respondent’s witness evidence or written submissions.’
Legal Futures, 26th November 2024
Source: www.legalfutures.co.uk
‘A case-study in witness credibility: Deakin-Stephenson v Behar & Anor [2024] EWHC 2338 (KB).’
Quarterly Medical Law Review , 28th October 2024
Source: 1corqmlr.com
‘In November 2016 the Claimant collapsed with acute abdominal pain whilst in a hairdresser in Fulham, London. Investigations at A&E revealed that she had developed diverticulitis with a localised perforation. Her surgeon, Mr Behar, tried to treat it conservatively with intravenous antibiotics and fluids but the disease continued to progress. Mr Behar therefore carried out a laparoscopic lavage, after which the Claimant’s condition settled for over 24 hours. However, later on the following day, she collapsed with severe abdominal pain and Mr Behar completed a Hartmann’s procedure.’
1QMLR, 28th October 2024
Source: 1corqmlr.com
‘Another party has fallen victim to the rules on witness statements, but the High Court has declined to order their solicitor to explain how the failure to comply came about.’
Legal Futures, 10th September 2024
Source: www.legalfutures.co.uk
‘A mother and son whose lives have been completely reshaped by living under witness protection have called for a wholesale review of the system, warning that instead of keeping people safe it can be “hostile” to innocents.’
The Guardian, 27th August 2024
Source: www.theguardian.com
‘A judge accused of cross-examining an appellant during a hearing about a rejected residence card did not act fairly in his conduct and determination of the case, the Court of Appeal has found.’
Law Society's Gazette, 1st July 2024
Source: www.lawgazette.co.uk
‘A witness statement is a written formal document used in litigation in the courts of England and Wales. A witness statement contains a person’s truthful own account of facts relating to issues arising in a dispute, which are within that person’s personal knowledge.’
OUT-LAW.com, 29th May 2024
Source: www.pinsentmasons.com
‘In this article Rebecca Henshaw-Keene looks at wasted costs orders following the judgment in Rainer Hughes Solicitors v Liverpool Victoria Insurance Company Ltd & Ors (Rev1) [2024] EWHC 585 (KB).The judgment contains significant guidance on preparing for wasted costs hearings and is an important addition to the line of cases on the requirements in respect of witness statements for non-English speakers. With thanks to Andrew Roy KC for his comments on the article.’
12 King's Bench Walk Costs Litigation Blog, 19th April 2024
Source: costsandlitigationfunding.com
‘Lawyers involved in public inquiries often refer, half in jest and half out of fear, to a hypothetical future ‘inquiry into the inquiry’ in which their decisions will be scrutinised. Happily for lawyers, but perhaps to the detriment of future inquiries, there is usually relatively little analysis and certainly no formal mechanism to review the effectiveness of an inquiry following its completion. That is the position notwithstanding the growing reliance on public inquiries to investigate matters of acute public concern, and that chief amongst the many purposes of inquiries – establishing facts, providing accountability, making recommendations – is learning lessons.’
6KBW College Hill, 17th April 2024
Source: blog.6kbw.com
‘The Solicitors Regulation Authority (SRA) has withdrawn all its allegations against a solicitor and non-lawyer after the Foreign Office advised against taking evidence remotely from a crucial witness in Dubai without permission from the UAE government.’
Legal Futures, 9th April 2024
Source: www.legalfutures.co.uk
‘Dispute Resolution analysis: HHJ Pelling, the trial judge in a piece of commercial litigation in England has approved an order by which he was appointed a special examiner to hear the evidence of sanctioned Russian Defendant and a witness on his behalf, his son in Dubai. The witnesses could not give evidence in England and Wales due to a travel ban imposed by the sanctions Regulations. This decision contrasts with a recent decision in the SKAT Litigation.’
Gatehouse Chambers, 20th February 2024
Source: gatehouselaw.co.uk
‘UK special forces have frustrated efforts by Afghan troops to gain sanctuary in Britain despite the fact that some of the Afghan soldiers could be witnesses to crimes allegedly committed by British units.’
The Independent, 19th February 2024
Source: www.independent.co.uk
‘The pandemic measure to allow video witnessing of wills came to an end last week, after the government decided not to extend it beyond 31 January.’
Legal Futures, 6th February 2024
Source: www.legalfutures.co.uk
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