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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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MOVERS & SHAKERS

Arc Pensions Law—Matthew Swynnerton

Arc Pensions Law—Matthew Swynnerton

Chair of the Association of Pension Lawyers joins as partner

Ampa Group—Kamal Chauhan

Ampa Group—Kamal Chauhan

Group names Shakespeare Martineau partner head of Sheffield office

Blake Morgan—four promotions

Blake Morgan—four promotions

Four legal directors promoted to partner across UK offices

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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