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witness reliabilitymemoryfact finding
Gestmin SGPS S.A. v Credit Suisse Limited
[2013] EWHC 3560 (Comm)
Key Principle
Because human memory is fallible, malleable and apt to be reshaped by the litigation process, the best approach for a judge trying a commercial case is to place little reliance on witnesses' recollections of what was said in meetings and conversations and instead to base factual findings on inferences from the documentary evidence and known or probable facts.
Area of Law
General
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