Deka Briefing: Best Evidence

Welcome to the Deka Chambers January Briefing where we draw once again upon our multi-disciplinary expertise to deliver a series of articles which examine key themes in litigation. For this edition we consider Best Evidence. Success at trial is often as much about enabling clients to give their best evidence as it is finding the overlooked legal point. In this series of articles members of chambers consider aspects of forensic preparation and case management which will put our clients in the best position to succeed at trial.

To start the ball rolling Julia Brechtelsbauer analyses the rules of court designed to enable vulnerable witnesses in clinical negligence cases. Continuing with this theme Anirudh Mandagere considers how the court will manage the forensic process in civil abuse claims following IMX v L [2024] EWHC 2183 (KB), decided by former member of chambers Ritchie J. Meanwhile Paul Stagg KC considers the oft-misunderstood evidential rules concerning medical records the proper application of which can expedite the trial timetable and avoid unproductive oral evidence. Next up Andrew Spencer discusses circumstances where the court might be invited to draw adverse inferences from the failure to make a witness available for cross-examination.

Moving to live evidence, Sarah Prager KC draws on her travel law expertise to consider the rules governing the management of witnesses whose first language is not English and who may wish to give evidence from overseas. We then cross to the criminal jurisdiction where Louise McCullough considers developments in the criminal courts which are designed to enable young or vulnerable witnesses to give their best evidence. Max Melsa concludes our Briefing with a cautionary article arising from a family law child protection case which concluded 151 weeks after issue against the statutory limit of 26 weeks. The case motivated MacDonald J to issue the Local Practice Note: Ensuring Adherence to the Public Law Outline in London on 28th November last year and included guidance on the use of the court timetable, expert evidence intermediaries. Essential reading for child protection lawyers.

Read the Briefing in full.