United Kingdom Leading Case witness statementsdocumentary evidence

Gestmin SGPS SA v Credit Suisse (UK) Ltd

[2013] EWHC 3560 (Comm)

JurisdictionUnited Kingdom

CourtHigh Court (Commercial Court)

Year2013

StatusBinding authority

Summary

Courts should not place excessive reliance on witness memory in commercial cases; contemporaneous documents are generally more reliable than oral testimony.

Key Principle

Leggatt J (as he then was) cautioned against placing excessive reliance on witness recollection in commercial cases; contemporaneous documentary evidence is generally more reliable than oral testimony based on memory.

Area of Law

evidence

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