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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

London Solicitors Litigation Association—John McElroy

London Solicitors Litigation Association—John McElroy

Fieldfisher partner appointed president as LSLA marks milestone year

Kingsley Napley—Kirsty Churm & Olivia Stiles

Kingsley Napley—Kirsty Churm & Olivia Stiles

Firm promotes two lawyers to partnership across employment and family

Foot Anstey—five promotions

Foot Anstey—five promotions

Firm promotes five lawyers to partnership across key growth areas

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
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