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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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MOVERS & SHAKERS

NLJ Career Profile: Stephen Ward, The Barrister Group

NLJ Career Profile: Stephen Ward, The Barrister Group

From mowing lawns to life at the Bar: Stephen Ward reflects on an unconventional career

Clarke Willmott—Ben Loosemore

Clarke Willmott—Ben Loosemore

Commercial property partner joins Clarke Willmott in Southampton

Ellisons—Robert Tiffen

Ellisons—Robert Tiffen

Robert Tiffen joins Ellisons as Partner in growing Norwich office

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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