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07 March 2025
Issue: 8107 / Categories: Legal News , Procedure & practice , Dispute resolution
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NLJ this week: How much can we rely on a witness’s memory?

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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

London Solicitors Litigation Association—John McElroy

London Solicitors Litigation Association—John McElroy

Fieldfisher partner appointed president as LSLA marks milestone year

Kingsley Napley—Kirsty Churm & Olivia Stiles

Kingsley Napley—Kirsty Churm & Olivia Stiles

Firm promotes two lawyers to partnership across employment and family

Foot Anstey—five promotions

Foot Anstey—five promotions

Firm promotes five lawyers to partnership across key growth areas

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
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