Massaging the evidence: the ?over-working? of witness statements in civil cases

2003 ◽  
Vol 10 (2) ◽  
pp. 227-254
Author(s):  
Hugh Tyrwhitt-Drake
2020 ◽  
pp. 332-350
Author(s):  
Lucilla Macgregor ◽  
Charlotte Peacey ◽  
Georgina Ridsdale

Cases can readily be won or lost on the strength of witness evidence at trial. Important applications may fail if a witness statement does not adequately deal with all of the issues. A legal representative, therefore, must understand both the underlying theory behind the use of witness evidence and documentation during the course of litigation, including the rules on hearsay, and the practical requirements and challenges encountered in the preparation of witness statements. This chapter discusses the use of evidence at trial; the preparation of witness statements for interim applications and at trial; the use of hearsay in civil cases; and evidential tools.


2019 ◽  
pp. 334-352
Author(s):  
Susan Cunningham-Hill ◽  
Karen Elder

Cases can readily be won or lost on the strength of witness evidence at trial. Important applications may fail if a witness statement does not adequately deal with all of the issues. A legal representative, therefore, must understand both the underlying theory behind the use of witness evidence and documentation during the course of litigation, including the rules on hearsay, and the practical requirements and challenges encountered in the preparation of witness statements. This chapter discusses the use of evidence at trial; the preparation of witness statements for interim applications and at trial; the use of hearsay in civil cases; and evidential tools.


Author(s):  
Adrian Keane ◽  
Paul McKeown

This chapter discusses the following: (i) the competence and compellability of witnesses (including the special rules that apply in the case of the accused, the spouse or civil partner of an accused, persons with a disorder or disability of the mind, the Sovereign, diplomats, and bankers); (ii) oaths and affirmations; (iii) the use of live links; (iv) the time at which evidence should be adduced; (v) witnesses in civil cases (including the witnesses to be called and the use of witness statements); (vi) witnesses in criminal cases (including the witnesses to be called, the order of witnesses, evidence-in-chief by video-recording and special measures directions for vulnerable and intimidated witnesses); (vii) witness anonymity; and (viii) witness training and familiarization.


2020 ◽  
pp. 126-178
Author(s):  
Adrian Keane ◽  
Paul McKeown

This chapter discusses the following: (i) the competence and compellability of witnesses (including the special rules that apply in the case of the accused, the spouse or civil partner of an accused, persons with a disorder or disability of the mind, the Sovereign, diplomats, and bankers); (ii) oaths and affirmations; (iii) the use of live links; (iv) the time at which evidence should be adduced; (v) witnesses in civil cases (including the witnesses to be called and the use of witness statements); (vi) witnesses in criminal cases (including the witnesses to be called, the order of witnesses, evidence-in-chief by video recording and special measures directions for vulnerable and intimidated witnesses); (vii) witness anonymity; and (viii) witness training and familiarization.


2021 ◽  
pp. 332-350
Author(s):  
Lucilla Macgregor ◽  
Charlotte Peacey ◽  
Georgina Ridsdale

Cases can readily be won or lost on the strength of witness evidence at trial. Important applications may fail if a witness statement does not adequately deal with all of the issues. A legal representative, therefore, must understand both the underlying theory behind the use of witness evidence and documentation during the course of litigation, including the rules on hearsay, and the practical requirements and challenges encountered in the preparation of witness statements. This chapter discusses the use of evidence at trial; the preparation of witness statements for interim applications and at trial; the use of hearsay in civil cases; and evidential tools.


Author(s):  
Susan Cunningham-Hill ◽  
Karen Elder

Cases can readily be won or lost on the strength of witness evidence at trial. Important applications may fail if a witness statement does not adequately deal with all of the issues. A legal representative must therefore understand both the underlying theory behind the use of witness evidence and documentation during the course of litigation, including the rules on hearsay, as well as the practical requirements and challenges encountered in the preparation of witness statements. This chapter discusses the use of evidence at trial; the preparation of witness statements for interim applications and at trial; the use of hearsay in civil cases; and evidential tools.


Author(s):  
Susan Cunningham-Hill ◽  
Karen Elder

Cases can readily be won or lost on the strength of witness evidence at trial. Important applications may fail if a witness statement does not adequately deal with all of the issues. A legal representative, therefore, must understand both the underlying theory behind the use of witness evidence and documentation during the course of litigation, including the rules on hearsay, and the practical requirements and challenges encountered in the preparation of witness statements. This chapter discusses the use of evidence at trial; the preparation of witness statements for interim applications and at trial; the use of hearsay in civil cases; and evidential tools.


2018 ◽  
Vol 2 (2) ◽  
pp. 133-161 ◽  
Author(s):  
Valerie Hobbs

Religious institutions in the USA, under the First Amendment, exhibit great strength in employment termination, given freedom by the Supreme Court to conduct their labour and employment practices with limited scrutiny. This article examines ways in which a Presbyterian seminary board report, justifying its decision not to renew a professor's contract, demonstrates discrimination in its use of the 'good family' ideal prominent within conservative Christianity. Focusing on intertextuality and representation of the professor's wife, a disabled woman, analysis presents evidence of an overall strategy of exclusion. The report consistently demonstrates support for negative witness statements about the professor and his wife while undermining the professor's accounts. The report's characterization of the professor's wife subsumes her identity under her husband's and assumes moral reasons for her disability and chronic illness, consistent with a nouthetic counselling ethos. Findings support the discriminatory potential of the 'good family' ideal, underscoring employees' unique vulnerability within religious higher education institutions. 


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