header-logo header-logo

03 March 2017
Issue: 7736 / Categories: Legal News , Profession
printer mail-detail

Smoking guns & cross-examination: Lord Neuberger

The UK’s most senior judge has questioned the value of disclosure of documents and cross-examination of witnesses.

Lord Neuberger, President of the Supreme Court, expressed his “rather heretical” view during the Neill lecture to the University of Oxford’s Faculty of Law.

He said he was sceptical that many cases were “decided by a ‘smoking gun’ found on the often enormously time consuming and expensive exercise of disclosure and inspection of documents”. Where a “smoking gun” was found, the case would often have been decided the same way and more cheaply without disclosure, he said. Moreover, “further down the litigation road, apparently smoking guns frequently turn out not to be smoking or even guns”.

“As for cross-examination, most of the best points that emerge from questioning can be made much more shortly in argument,” he said.

Lord Neuberger is due to step down in the autumn. An appointments exercise is currently under way to find his successor.

Issue: 7736 / Categories: Legal News , Profession
printer mail-details

MOVERS & SHAKERS

Weightmans—Jason Slatcher

Weightmans—Jason Slatcher

Weightmans appoint new Chief Technology Officer

Mishcon de Reya—trainees

Mishcon de Reya—trainees

Mishcon de Reya announces trainee retention rate of 86%

Sackers—Charlotte Adams & Fraser Sutton

Sackers—Charlotte Adams & Fraser Sutton

Sackers welcomes two new Graduate Solicitor Apprentices

NEWS
LexisNexis is delighted to announce the launch of the LexisNexis Legal Awards 2027, celebrating outstanding achievement, innovation and impact across the legal profession
The Legal Services Board (LSB) is to take further enforcement action against the Solicitors Regulation Authority (SRA), setting additional performance targets and ‘intensifying’ its oversight, it has said
Regulators missed several opportunities to intervene in PM Law Group before it collapsed, an independent review by City firm Jenner & Block has found
An employer’s vicarious liability for the alleged torts of an employee cannot be transferred by TUPE, the Court of Appeal has confirmed
Tiered fees of up to £1,500 for Legal Ombudsman (LeO) cases could leave firms with little option but to pay out, lawyers have warned
back-to-top-scroll