19/06/2020

Ampersand Bitesized – Conflicts in witness evidence: how does the court decide?

Nick McAndrew – recorded on 19th June 2020

Now available to view on demand

The outcome of a litigation will often depend on how the court decides upon a disputed factual issue. This talk considers the ‘he said, she said’ scenario, and the tools available to a judge when deciding who to believe. A firm understanding of these tools assists in: (i) the effective investigation and preparation of a case; and (ii) advising with greater clarity on the prospects of success.

There will be reference to the principles relating to credibility and reliability of witness evidence, how they have been applied in recent Scottish cases, and suggested guidance on case preparation with the principles in mind.

The talk lasted 30 minutes, including a Q&A session. A copy of Nick’s slides are at the bottom of the page.

Nick will call as an Advocate on 26th June 2020, having previously been a solicitor for five years with a large Scottish law firm. As a solicitor, he advised on a broad range of disputes involved in the construction sector and developed expertise across dispute resolution forums (including the Sheriff Court and Court of Session, Adjudication and Arbitration). We look forward to welcoming Nick to Ampersand.

 

Privacy Statement

Ampersand Advocates is a Stable within Faculty Services Limited (“FSL”) (registered No 48261 Scotland). FSL will be a “controller” of the personal information that you provide to us when you sign up to attend one of our events, unless otherwise stated in this privacy notice. We will process your personal information in pursuit of our legitimate interests to inform you about our events, process your bookings for our events and maintain records of your attendance at our events for Continuing Professional Development (“CPD”) purposes. We may be required to share personal information with the Law Society of Scotland, the Faculty of Advocates and other professional governing bodies for the purposes of CPD verification. Where we process your personal information in pursuit of our legitimate interests, you have the right to object to us using your personal information for these purposes. Your personal information will be stored on FSL’s electronic filing system and servers, based in the UK and by Zoom per their privacy statement which can be found here.

Your personal information will be retained for a period of 2 years from the end of the year in which the event for which you provided us your details took place.

If you wish to object to any of the above processing or request the deletion of your personal information, please contact us at ampersandclerks@advocates.org.uk.

 

Downloads

Back to Webinars