header-logo header-logo

11 April 2014 / Jamie Maples , Hayley Lund
Issue: 7602 / Categories: Features , Procedure & practice
printer mail-detail

If I recall correctly…

web_maples_lund

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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

EIP—Stuart Malcolm

EIP—Stuart Malcolm

EIP strengthens Commercial practice with a new partner

Ellisons—Francesca Brown

Ellisons—Francesca Brown

Ellisons welcomes Francesca Brown to Family team

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau strengthens Sheffield regulatory practice with new hires

NEWS
A wide-ranging Civil Way column highlights developments from insolvency procedure to employment law, but one case stands out for its lessons on bankruptcy, family homes and digital communications
A sprawling Intellectual Property Office battle between House of Fraser and Frasers Property has delivered a masterclass in modern trade mark law
Courts in England and Wales and Singapore are increasingly confronting complex disputes over international child relocation as families become more globally mobile
The government’s long-awaited family law reform consultation could mark a turning point for domestic abuse victims navigating financial remedy proceedings, but significant challenges remain
A new commercial court pilot giving the public access to documents used in hearings, including expert reports, is raising difficult questions about transparency and privacy
back-to-top-scroll