Part 2: Jovita Vassallo turns the spotlight on evidence & trials
The exchange of witness evidence is a critical stage in the run-up to trial. It is a prime moment for lawyers to assess rigorously the strengths and weakness of not only their client’s case, but, imperatively, also the opponent’s. Never forget that your client’s (and the court’s) view will almost always be that the best outcome for litigation is to avoid the trial altogether! The satisfaction of a “day in court” is an outmoded idea; the costs, stresses and strains of the run-up to trial can be stifling. A critical appraisal of all the evidence can take you a long way towards making the right decisions.
A tactical advantage
CPR 32, 33 and 34 are your bible. They cover the preparation and service of witness statements and other evidence and the cross-examination of witnesses at trial.
- There is no property in a witness. Practitioners should not therefore be put off approaching unwilling or conflicted third parties. Witness summonses (CPR 34.2) make great
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