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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

Switalskis—five appointments

Switalskis—five appointments

Firm expands national abuse compensation team

Mathys & Squire—nine promotions

Mathys & Squire—nine promotions

IP firm announces new partners and senior promotions across UK offices

Carey Olsen—five promotions

Carey Olsen—five promotions

Carey Olsen promotes five lawyers to the partnership

NEWS
A High Court ruling has sent a jolt through the legal profession after a newly qualified solicitor used an internal AI tool to produce court correspondence containing a fabricated legal citation
A significant data privacy ruling has clarified what counts as valid consent under UK data protection law
Executors may be overlooking billions of pounds in estate assets hidden in forgotten investments and misplaced share certificates
Britain’s booming non-surgical cosmetics market is operating in what some critics describe as a regulatory ‘Wild West’
Family contact disputes are becoming an increasingly prominent feature of Court of Protection litigation
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