Jack Dillon weighs up the worth of witness evidence ‘The lesson, particularly in a commercial context, is that objective realities weigh heavier than witnesses’ insistence about what would or would not have happened.’ A solicitor makes a negligent error in a negotiation between a client and third party. The error leads the client to agree …
Continue reading "Evidence: Vox populi?"
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Wills & Trusts Law Reports | October 2013 #133The defendant firm of solicitors had acted for Hazel Charlton (testatrix) of 12 Cecilia Road, Leicester, in relation to a will that she had made on 14 May 1998 (1998 will). The testatrix, who had been previously married twice, had spent the last 20 years with her partner, John Fishbein, latterly living in his house at Barton on Sea. Apart from Mr Fishbein, the residuary beneficiaries of the 1998 will were respectively the testatrix’s cousin, Mrs Atkinson, and friend, Dr Bhangoo. The claimant, who was a step-granddaughter of the testatrix by her second husband, was not a beneficiary...
Suzanne Farg and Verity Danziger discuss the hurdles to overcome to establish a claim The importance of factual and expert industry evidence cannot be underestimated and, in this case, the quality of the factual evidence was vital in allowing the claimant to bring his loss of earnings claim fully. The method by which the courts …
Continue reading "Burden Of Proof: Loss of chance"
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