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28 October 2010 / Jovita Vassallo
Issue: 7439 / Categories: Features , Procedure & practice
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The new litigation landscape

Part 2: Jovita Vassallo turns the spotlight on evidence & trials

The exchange of witness evidence is a critical stage in the run-up to trial. It is a prime moment for lawyers to assess rigorously the strengths and weakness of not only their client’s case, but, imperatively, also the opponent’s. Never forget that your client’s (and the court’s) view will almost always be that the best outcome for litigation is to avoid the trial altogether! The satisfaction of a “day in court” is an outmoded idea; the costs, stresses and strains of the run-up to trial can be stifling. A critical appraisal of all the evidence can take you a long way towards making the right decisions.

A tactical advantage

CPR 32, 33 and 34 are your bible. They cover the preparation and service of witness statements and other evidence and the cross-examination of witnesses at trial. 

  • There is no property in a witness. Practitioners should not therefore be put off approaching unwilling or conflicted third parties. Witness summonses (CPR 34.2) make great swords as well as shields.
  • It can be a successful
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MOVERS & SHAKERS

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
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Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
Assisted dying remains one of the most fraught fault lines in English law, where compassion and criminal liability sit uncomfortably close. Writing in NLJ this week, Julie Gowland and Barny Croft of Birketts examine how acts motivated by care—booking travel, completing paperwork, or offering emotional support—can still fall within the wide reach of the Suicide Act 1961
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