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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

EIP—Stuart Malcolm

EIP—Stuart Malcolm

EIP strengthens Commercial practice with a new partner

Ellisons—Francesca Brown

Ellisons—Francesca Brown

Ellisons welcomes Francesca Brown to Family team

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau strengthens Sheffield regulatory practice with new hires

NEWS
A wide-ranging Civil Way column highlights developments from insolvency procedure to employment law, but one case stands out for its lessons on bankruptcy, family homes and digital communications
A sprawling Intellectual Property Office battle between House of Fraser and Frasers Property has delivered a masterclass in modern trade mark law
Courts in England and Wales and Singapore are increasingly confronting complex disputes over international child relocation as families become more globally mobile
The government’s long-awaited family law reform consultation could mark a turning point for domestic abuse victims navigating financial remedy proceedings, but significant challenges remain
A new commercial court pilot giving the public access to documents used in hearings, including expert reports, is raising difficult questions about transparency and privacy
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