header-logo header-logo

07 March 2025
Issue: 8107 / Categories: Legal News , Procedure & practice , Dispute resolution
printer mail-detail

NLJ this week: How much can we rely on a witness’s memory?

210371
Memory is fallible, so how should litigation lawyers be aware of this when preparing witness statements? Mary Young, partner, and Laurence Clarke, senior associate, in the dispute resolution team at Kingsley Napley, discuss the unreliability of memory and court procedure rules introduced nearly four years ago on record-keeping and preparation of witness statements.

One problem, as they explain, is that ‘through the process of remembering or recalling events, an individual can change or edit their own recollection’.

Young and Clarke write: ‘The difficulty for a judge is that they may be faced with two witnesses who give different accounts of the same events, while at the same time both being entirely honest and fully believing that the evidence they give is accurate.’ 

MOVERS & SHAKERS

Katten Muchin Rosenman—Charlotte Hill

Katten Muchin Rosenman—Charlotte Hill

Katten strengthens financial markets and funds group in London

Hugh James—Keith Cundall & Lee Hart

Hugh James—Keith Cundall & Lee Hart

Hugh James expands national Serious Injury team with two new Partners

HFW—Rémi Ducloyer

HFW—Rémi Ducloyer

HFW continues Paris office growth with public law Partner hire

NEWS
The Court of Appeal's decision in Mazur v Charles Russell Speechlys LLP has lifted months of uncertainty for Chartered Legal Executives while prompting a rethink of regulation and supervision
The assisted dying debate returns to Westminster as Lauren Edwards MP reintroduces legislation that stalled in the House of Lords last session despite clearing the Commons
A little-noticed provision of the Crime and Policing Act 2026 has fundamentally expanded corporate criminal liability
Artificial intelligence is transforming legal practice, but careless reliance on it is creating growing professional risks
The law offers cohabiting couples surprisingly greater protection after one partner dies than when they separate during life
back-to-top-scroll