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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

Slater Heelis—Charlotte Beck

Slater Heelis—Charlotte Beck

Partner and Manchester office lead appointed head of family

Civil Justice Council—Nigel Teasdale

Civil Justice Council—Nigel Teasdale

DWF insurance services director appointed to Civil Justice Council

R3—Jodie Wildridge

R3—Jodie Wildridge

Kings Chambers barrister appointed chair of R3 Yorkshire

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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