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07 March 2025 / Mary Young , Laurence Clarke
Issue: 8107 / Categories: Features , Dispute resolution
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To the best of your recollection

210371
How much reliance can be placed on a witness’s memory? Mary Young & Laurence Clarke consider the challenges of determining truth & credibility in evidence
  • Judicial commentary shows that judges are aware of the fundamental fallibility and unreliability of memory when considering evidence from witnesses.
  • CPR PD 57AC was introduced nearly four years ago and implemented a process of record-keeping to encourage compliance with the rules around preparation of trial witness statements.

Just as a witness’s accurate recollection can be pivotal to the success of a case, so too can issues to do with honesty of accounts and the fallibility of memory be detrimental to case outcomes. These are not only matters for a judge to consider, but are also important for litigators to be aware of when preparing witness statements, and which the most recent rule revisions have sought to address.

Memory & judicial commentary

Mr Justice Leggatt, as he then was, in Gestmin SGPS SA v Credit Suisse (UK) Ltd [2013] EWHC 3560 (Comm)

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NEWS

The Court of Appeal has slammed the brakes on claimants trying to swap defendants after limitation has expired. In Adcamp LLP v Office Properties and BDB Pitmans v Lee [2026] EWCA Civ 50, it overturned High Court rulings that had allowed substitutions under s 35(6)(b) of the Limitation Act 1980, reports Sarah Crowther of DAC Beachcroft in this week's NLJ

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As AI-generated ‘deepfake’ images proliferate, the law may already have the tools to respond. In NLJ this week, Jon Belcher of Excello Law argues that such images amount to personal data processing under UK GDPR
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