CCTV Footage & Non-Expert Opinion Evidence
In what circumstances may a lay-witness be permitted to give evidence of what he/she perceives from CCTV footage, and when does such evidence become inadmissible opinion evidence from a non-expert?
Advocacy
Delaney -v- PIAB & Departures from the Personal Injuries Guidelines
To what extent is judicial discretion fettered by the Personal Injuries Guidelines? When, and in what circumstances, and to what extent, may a judge depart from the Personal Injuries Guidelines?
Lies, Unsafe Convictions, and Closing Speeches
In sexual misconduct cases one is often faced with a classic ‘swearing match’ – where one person (the complainant) gives evidence that the misconduct happened, and one other person (the accused) says that it did not. I am often thereby reminded of the case of Hannon (facts below) and often wish I could bring that case to the attention of the jury. May I, properly, do so?
Wellman: The Art of Cross-Examination
A classic text for trial lawyers and law students (published in 1903) on how to cross-examine witnesses.
United States -v- Bankman-Fried
I’ve been following the FTX Trial in New York and it has made for interesting (if sometimes cringeworthy) reading. There are numerous ways to follow the trial, and to learn more about the background, and I’ve collected some of those sources here together with some background information.
Discovery of Post-Accident Medical Records
The Court of Appeal has recently confirmed the general principles applicable to discovery applications and ‘discoverability’, and has further confirmed that in appropriate circumstances a defendant may obtain discovery of a plantiff’s post-accident records.
Who’s to blame? ChatGPT or the Attorney?
A recent controversy in a Manhattan court has highlighted the risks for lawyers when using ChatGPT. Here’s a summary of the issue and some of the points that are now… Read More »Who’s to blame? ChatGPT or the Attorney?
Assessing ‘uplift’ for Multiple Injuries
Where a plaintiff sustains multiple injuries, how are damages to be assessed? How is ‘uplift’ to be calculated? Is there a limit on the amount of ‘uplift’ that can be awarded?
Money Laundering: Presumptions & Indicative Sentences
In this article I look at (i) the legislative presumptions which come to the aid of the prosecuting authorities in cases of this type, and (ii) the sentence guidelines that can be extracted from the caselaw to date.
How (Not) To Address a Judge
Some offbeat examples of unusual ways to address a judge in court (with varying degrees of success)!