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The new litigation landscape

28 October 2010 / Jovita Vassallo
Issue: 7439 / Categories: Features , Procedure & practice
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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

DWF—19 appointments

DWF—19 appointments

Belfast team bolstered by three senior hires and 16 further appointments

Cadwalader—Andro Atlaga

Cadwalader—Andro Atlaga

Firm strengthens leveraged finance team with London partner hire

Knights—Ella Dodgson & Rebecca Laffan

Knights—Ella Dodgson & Rebecca Laffan

Double hire marks launch of family team in Leeds

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Bea Rossetto of the National Pro Bono Centre makes the case for ‘General Practice Pro Bono’—using core legal skills to deliver life-changing support, without the need for niche expertise—in this week's NLJ
In this week's NLJ, Steven Ball of Red Lion Chambers unpacks how advances in forensic science finally unmasked Ryland Headley, jailed in 2025 for the 1967 rape and murder of 75-year-old Louisa Dunne. Preserved swabs and palm prints lay dormant for decades until DNA-17 profiling produced a billion-to-one match
Small law firms want to embrace technology but feel lost in a maze of jargon, costs and compliance fears, writes Aisling O’Connell of the Solicitors Regulation Authority in this week's NLJ
Charlie Mercer and Astrid Gillam of Stewarts crunch the numbers on civil fraud claims in the English courts, in this week's NLJ. New data shows civil fraud claims rising steadily since 2014, with the King’s Bench Division overtaking the Commercial Court as the forum of choice for lower-value disputes
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