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28 October 2010 / Jovita Vassallo
Issue: 7439 / Categories: Features , Procedure & practice
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The new litigation landscape

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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MOVERS & SHAKERS

NLJ Career Profile: Maryam Syed KC, Church Court Chambers

NLJ Career Profile: Maryam Syed KC, Church Court Chambers

From childhood dreams of the Bar to some of the country's most challenging cases, Maryam Syed KC explains why she has never stopped standing up for others

DAC Beachcroft—Richard Breavington, Rachel Ford & Daniel Guilfoyle

DAC Beachcroft—Richard Breavington, Rachel Ford & Daniel Guilfoyle

DAC Beachcroft significantly expands Cyber team, hiring three Cyber partners

Browne Jacobson—Professor Clive Kay

Browne Jacobson—Professor Clive Kay

Browne Jacobson appoints senior healthcare leader Professor Clive Kay as strategic adviser

NEWS
As family justice moves further away from the courtroom, collaborative law is emerging as an increasingly important route to resolving separation disputes
A busy period for employment law is producing important lessons for employers, employees and tribunals alike
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.

How forcefully can a litigant criticise a public authority before robust advocacy crosses the line into unreasonable conduct? 
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