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Piecing together the puzzle

25 November 2022 / Theo Huckle KC
Issue: 8004 / Categories: Features , Procedure & practice
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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 government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
Writing in NLJ this week, Jonathan Fisher KC of Red Lion Chambers argues that the ‘failure to prevent’ model of corporate criminal responsibility—covering bribery, tax evasion, and fraud—should be embraced, not resisted
Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
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