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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

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

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A sole director can conspire with their own company for the purposes of the tort of unlawful means conspiracy, the High Court has ruled in a judgment with potentially wide implications for business disputes
The Court of Appeal has reinforced that domicile depends on intention rather than residence alone, in a significant post-Brexit ruling on cross-border financial remedy claims
The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
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