Civil Litigation Brief

JULY 1, 2025

Earlier we looked at a case where a party was not allowed to recover the costs of obtaining non-compliant witness statements. Here we are looking at a case where both sides did not comply with PD57AC. The claimant, aware of.

Witnesses 52

Witnesses Evidence 52

Civil Litigation Brief

JULY 3, 2025

I am here encouraging lawyers and experts to read the speech of Lord Justice Birss' speech to the Expert Witness Institute. It was the keynote speech to the Expert Witness Institute's Annual Conference. I have extracted highlights. The science teacher's.

Witnesses 52

Witnesses Evidence 52

Planet Depos

JULY 2, 2025

Large cases involve many moving parts – tight deadlines, fast-paced and ever-evolving schedules, seas of exhibits, rosters of witnesses, etc., You’re looking for evidence that this firm is well-versed in large cases, and you want to see that firms go back to them again and again for their work.

Exhibits 49

Exhibits Case Management Depositions Technology 49

Civil Litigation Brief

JUNE 26, 2025

However, perhaps more significantly, it is about evidence, the impact of. Here we are looking at an important decision of the Court of Appeal. On the face of it it is about a defendant's failure to prove a statutory defence.

Evidence 52

Evidence Witnesses 52

Civil Litigation Brief

JULY 23, 2025

An earlier post looked at a case where the court struck out large parts of a witness statement of a solicitor who was proposing to give evidence at trial. Here we look at what happened to the remaining parts of.

Evidence 52

Evidence Witnesses 52

E-Discovery LLC

JULY 14, 2025

It applied a standard of “clear and convincing evidence.” The FTC stated that it relied on that privilege log throughout discovery, including in connection with depositions of key witnesses. It wrote that a party “demonstrates bad faith by delaying or disrupting the litigation or hampering enforcement of a court order.”

Discovery 130

Discovery Depositions Litigation Witnesses 130

Civil Litigation Brief

JULY 2, 2025

However this is a site about civil procedure and evidence so we are largely bypassing the intrigue and lies (but not the potential of a finding of contempt of court) . Here we have a case about MI5, spies and lies.

Evidence 52

Evidence Witnesses 52

Practice of Law

JULY 17, 2025

However, the judge overturned the verdict, claiming the jury had used "guesswork or speculation" to determine those numbers and that, under Federal Rule 702 , should not have heard the evidence presented by two "expert" witnesses. Casey's was not the first company to legally challenge the NFL's stranglehold over merchandising.

Precedent 40

Precedent Witnesses Evidence 40

Complex Discovery

JUNE 8, 2025

However, geolocated evidence did confirm limited Russian gains in Novoserhiivka and southeastern Komar. The air and missile domain witnessed one of the heaviest assaults in recent months. Ukrainian forces made a rare, confirmed advance in northern Dyliivka near Toretsk, offering a symbolic morale boost.

Objections 64

Objections Legal Strategy Technology Witnesses 64

Civil Litigation Brief

JUNE 20, 2025

We have had an example earlier this month of things going badly wrong in a fatal claim, that led to a wasted costs order against the solicitors. This webinar looks at the potential problem areas of fatal accident litigation and.

Litigation 52

Litigation Witnesses Evidence 52

Civil Litigation Brief

JUNE 25, 2025

We are looking at a judgment from today where a bank has brought a claim against a firm of solicitors arguing that they have caused the bank loss because of the number and nature of complaints made by the solicitors'.

Witnesses 52

Witnesses Evidence 52

Civil Litigation Brief

JULY 21, 2025

The first question the lawyer must ask when being presented with a report for use in proceeding is - is this report CPR 35 compliant? If it is not then it may have little, if any value. There is a.

Evidence 40

Evidence Witnesses 40

Civil Litigation Brief

JULY 18, 2025

One of the most aggravating things to read about in the legal press are those cases where people get into serious disciplinary trouble after having made a procedural or other mistake. It is not the mistake that has caused their.

Litigation 52

Litigation Witnesses Evidence 52

Civil Litigation Brief

JUNE 12, 2025

We have a case here where a solicitor and KC involved in a case were heavily criticised by the trial judge. The solicitor attempted to appeal those findings and the Court of Appeal considered, among many other things, their Article.

Witnesses 52

Witnesses Evidence 52

The Marshall Project

JUNE 26, 2025

We Are Witnesses Intimate portraits of people who have been touched by the criminal justice system A recent execution Amber McLaughlin was sentenced to death by St. That mitigating evidence could have tipped the scales when the jury couldn’t agree. A judge denied the motion on June 16. Coyle said he will appeal.

Opening Statement 87

Opening Statement Court Rules Witnesses Evidence 87

Civil Litigation Brief

JULY 15, 2025

We are returning to the issue of non-party disclosure, indeed to the same case as the previous post. That post highlighted the Master's concerns about the way in which claimant's application had been conducted. The same judgment also contains a.

Witnesses 52

Witnesses Evidence 52

Civil Litigation Brief

JULY 15, 2025

The “Proving things” series has proven to be very resilient and very long lasting. It started in February 2016 and, as of today, there are 267 posts under this heading. More often than the matters covered relate to “not proving.

Witnesses 52

Witnesses Evidence 52

Practice of Law

JUNE 12, 2025

The Manhattan court deemed that "prior bad acts" testimony from witnesses unrelated to formal charges had unfairly prejudiced the jury. This decision underscored tensions between state laws and federal doctrines regarding evidence admissibility in sexual violence cases.

Jury Deliberation 40

Jury Deliberation Evidence Admissibility Witnesses 40

SW&L Attorneys Blog

MAY 23, 2025

Proving either one requires meeting strict legal standards, often with the help of medical evidence or expert testimony. North Dakota law is stricter and often bundles emotional distress under general negligence claims, requiring strong evidence and a direct link to a physical or traumatic event.

Expert Testimony 52

Expert Testimony Evidence Witnesses 52

Civil Litigation Brief

JUNE 11, 2025

The question of whether a case should have been started using the Low Value Protocol is often a difficult one. The lawyer for the claimant has to make a decision on this important issue without the benefit of any medical.

Witnesses 52

Witnesses Evidence 52

Civil Litigation Brief

JUNE 20, 2025

There have been a number of cases where litigants have run into difficulties because they have not complied with the requirements for witnesses who give evidence remotely from abroad. We see an example of this case where there a conflict.

Witnesses 52

Witnesses Evidence Litigation 52

Civil Litigation Brief

JUNE 17, 2025

Knowing the reasons why a judge may prefer the evidence of one expert over another is an important part of a litigator's skill. Each case is, of course, fact specific, but there are clear trends that can be discerned.

Witnesses 52

Witnesses Evidence Litigation 52

Civil Litigation Brief

JUNE 10, 2025

Here we are looking at a case where a party, dissatisfied with the approach of a jointly instructed expert, applied to the court for permission to instruct their own expert. The judgment contains a useful summary of the relevant principles.

Evidence 52

Evidence Witnesses 52

E-Discovery LLC

JUNE 28, 2025

The Court affirmed the holding that the asserted prejudice from the failure to produce was insufficient to support exclusion of the evidence. It asserted prejudice because it could not call the person who took the photos as a trial witness. Johnson] intended to introduce the photos into evidence’ at trial.” Rule 2-433(a)(2).

Discovery 130

Discovery Cross-Examination Objections Evidence 130

Civil Litigation Brief

JULY 24, 2025

The theme for several of the posts today is how important it is to put information, that could be viewed as adverse to the witness, into a witness statement. If such information is left out, but revealed in cross-examination this.

Witnesses 40

Witnesses Cross-Examination Evidence 40

Civil Litigation Brief

JUNE 18, 2025

The courts encourages the use of jointly instructed experts However this does not mean that the case, or even key issues in the case, are necessarily determined by those experts. Here we have a case where the judge held that.

Evidence 52

Evidence Witnesses 52

Civil Litigation Brief

JULY 1, 2025

Here we have a case where a claimant was seeking to recover the costs of preparing defective witness statements. The court had ordered that compliant witness statements be filed. Should the claimant be entitled to recover the costs of preparing.

Witnesses 52

Witnesses Evidence 52

Civil Litigation Brief

JULY 18, 2025

We are revisiting a case we looked at previously in relation to costs orders being made against a Litigant in Person. One specific aspect of that judgment considered the costs of an application for contempt of court that the claimant.

Witnesses 52

Witnesses Litigation Evidence 52

Civil Litigation Brief

JULY 24, 2025

We are looking again at the significance of matters not mentioned in a witness statement. This is another case where the judge found that there had been significant omissions in the claimant's evidence. Again it is a case where these omissions.

Witnesses 40

Witnesses Evidence 40

Civil Litigation Brief

JULY 9, 2025

Yesterday we looked at issues relating to the capacity of a solicitor's client and their consequent liability to pay costs. Today we look at a case about inter partes costs. If a claimant brings proceedings but does not, in fact,

Evidence 52

Evidence Litigation Witnesses 52

Civil Litigation Brief

JULY 3, 2025

The post earlier today on the need for MI5 operatives to give the source of their information and belief has a ring of "intrigue" about it. James Bond, we now know, cannot simply declaim something to be true. However, as.

Witnesses 52

Witnesses Evidence 52

Civil Litigation Brief

JULY 10, 2025

I am grateful to barrister Jack Macaulay for bringing my attention to the case we are looking at here. I refer people to Jack's detailed summary of the issues below. However, here, I want to concentrate on two aspects of.

Cross-Examination 52

Cross-Examination Evidence Witnesses 52

Civil Litigation Brief

JULY 15, 2025

The Master was highly critical of the applicant's conduct of the application and the evidence in support. Today we are looking at a case that everyone involved in making an application for non-party disclosure should read. It proved to be.

Objections 52

Objections Evidence Witnesses 52

Civil Litigation Brief

JULY 22, 2025

Here we are looking at a case where claimants brought an action claiming that their data protection rights had been breached by a defendant firm of solicitors. The defendant had collated a list of claimants who had relied on a.

Witnesses 40

Witnesses Evidence 40

Civil Litigation Brief

JUNE 30, 2025

We have seen plenty of cases where the courts have not been slow in their criticism of expert witnesses. Here we have a different situation where the judge was critical of the attacks, by each party, on the credibility of.

Case Management 52

Case Management Witnesses Evidence 52

Civil Litigation Brief

JULY 2, 2025

There were issues in relation to witness evidence and expert evidence. We are looking at this case for the third time. The problems continued after trial when the judge realised that neither party had addressed her on a mandatory requirement.

Witnesses 52

Witnesses Evidence 52

Civil Litigation Brief

JUNE 20, 2025

We are looking, again, at a case where there were issues as to evidence. Part of the defendant's case was that the evidence was not admissible or was hearsay. The defendant's arguments did not prosper. Hearsay is admissible, the real.

Burden Of Proof 59

Burden Of Proof Evidence Admissibility Witnesses 59