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11 April 2014 / Jamie Maples , Hayley Lund
Issue: 7602 / Categories: Features , Procedure & practice
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If I recall correctly…

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Jamie Maples & Hayley Lund investigate the reliability of human memory

Week in, week out, in civil courts across the country, witnesses recount their memories of past events; events which often took place many years previously. They are questioned by judges, tribunals and advocates experienced in the art of cross-examination. For each witness, this process can last hours, days or sometimes even weeks. Before they arrive at court, considerable time and money will already have been spent on the preparation of a witness statement; committing to writing their recollection, often as “refreshed” by a slew of historic documentation.

But rarely do those who participate in the process stop to question its value, or to ask whether its benefits are proportionate to the time and cost incurred. Recently though, a High Court judge did turn his attention to the issue, and it is worth considering what he had to say.

Testimony

The focus in this country on oral testimony is, of course, a central feature of the common law system. A

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NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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