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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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MOVERS & SHAKERS

Arc Pensions Law—Matthew Swynnerton

Arc Pensions Law—Matthew Swynnerton

Chair of the Association of Pension Lawyers joins as partner

Ampa Group—Kamal Chauhan

Ampa Group—Kamal Chauhan

Group names Shakespeare Martineau partner head of Sheffield office

Blake Morgan—four promotions

Blake Morgan—four promotions

Four legal directors promoted to partner across UK offices

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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