19/06/2020

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

Nick McAndrew – recorded on 19th June, 12 noon.

Now available to view on demand (registration required)

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.

 

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