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25 November 2022 / Theo Huckle KC
Issue: 8004 / Categories: Features , Procedure & practice
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Piecing together the puzzle

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How to tell who is telling the truth? Theo Huckle KC sets out some valuable guidance from the courts on assessing a witness’s honesty
  • In Muyepa v Ministry of Defence, Mr Justice Cotter dismissed a personal injury claim on the basis of fundamental dishonesty on the part of the claimant, and set out a useful step-by-step guide to analysing veracity.

Last year I wrote an article (blogged on my website (www.theohucklekc.com/blog)) about the Gestmin line of cases and the new practice direction (PD 57A) concerning certification of trial witness statements and extended statements of truth, and their implications for the proper judicial approach to assessing the credibility and veracity of witnesses.

Now, on his way to dismissing a personal injury claim on the basis that it was fundamentally dishonest, Mr Justice Cotter reconsidered this matter in detail in Muyepa v Ministry of Defence [2022] EWHC 2648 (KB), [2022] All ER (D) 71 (Oct) and provided a very helpful review of the issue of assessing lay evidence.

What

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NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Should a conviction stand when a later ruling reveals that the law underpinning it was wrong? The answer exposes a clash between finality and justice
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
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