Podcast Location:
Download it here [file size: 21.9 MB]
Categories:
Litigation & Dispute Resolution
Civil Procedure
CPD Points:
Up to 1 point. details »

Due to the difference in guidelines between the SRA and the Bar Standards Board, CPD points are awarded differently for Solicitors, Barristers and Legal Executives:

Regulated by the Solicitors Regulation Authority:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Regulated by the Bar Standards Board:
Listen and pass the quiz: Gain 1 accredited CPD point (60 minutes)

Regulated by ILEX:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Cost:
  • FREE
Length:
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Contributor(s):
Course Aims:

This podcast aims to address 5 areas that practitioners may encounter when preparing a witness for trial in commercial and construction disputes, it will address:

  • What forms of pressure make evidence inadmissible
  • The concept of ‘property in a witness’
  • Techniques when drafting the statement
  • Managing the consequences of a witness changing their story
  • Witness preparation and coaching
Outcomes:
After completing the course you will:
  • Understand what is meant by ‘pressure’ in the gathering of witness evidence;
  • Be alive to the fact that ‘pressure’ can take a number of different forms;
  • Understand the importance of getting the evidence down in the witnesses’ own words;
  • Be aware of the rules if a witness wishes to change their evidence;
  • Know how to protect a witness in cross examination;
  • Understand the importance of transparency when there is a question about the contamination of evidence by witnesses;
  • Understand the difference between coaching and legitimate witness preparation.
Level:
General Interest Difficulty: 2 of 5
Classification:
Panel Discussion
Practical Guide
Sources and References:
  • CPR Part 32, 33, 34;
  • TCC Court Guide;
  • Admiralty & Commercial Court Guide;
  • Bar Standards Board - Code of Conduct For Barristers;
  • Solicitors Regulation Authority - Solicitors' Code of Conduct;
  • Aquarius Financial enterprises Inc v Underwriters at Lloyd's ("the Delphine") [2001] 2 Lloyd's Rep 542;
  • Odyssey Re (London) Ltd & Anor v OIC Run-Off Ltd [2000] EWCA Civ 71;
  • Harmony Shipping Co SA v Saudi Europe Line [1979] 1 WLR 1380;
  • China National Petroleum Corp v Fenwick Elliott [2002] EWHC (Ch) 60;
  • Assi v Dina Foods Ltd QBD [2005] EWHC 1099;
  • Transview Properties Ltd v City Site Properties Ltd [2008] EWHC 1221 (Ch);
  • R v Momodou [2005] EWCA Crim 177.
Tags:

In this podcast, barristers Kate Grange and Marion Smith discuss some of the common issues encountered by practitioners when gathering and preparing witness evidence before trial. It will provide practical guidance based on recent case law and CPR.

Podcast last reviewed: 2011-09-30

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