A guide to a very helpful technique for assisting in formulation of questions to witnesses - that as an added bonus could break the ice at a very dull dinner party…
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The attractively named “doctrine of infection” makes it into New Zealand case law.
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Many commentators will welcome the recent decision in Mainzeal. However the decision, in some aspects at least, goes against current authority, and will likely cause significant anxiety to directors trying to assist distressed companies.
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Trial lawyers are often faced with a witness recollecting events in a completely inaccurate way. The natural instinct is to thing that they’re lying. But is this fair? Modern psychology says no.
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It’s nice to see a High Court Judge getting a bit medieval with those playing fast and loose with the rules on witness statements in civil trials
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Cross-examining valuers (or any expert witness) can be an intimidating prospect for any advocate. This blog gives an example of how one particular peculiarity of many valuers’ evidence can be used to great effect in cross-examination.
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Re-examination is, in theory, a chance to reverse any damage done to a witness’s testimony during cross-examination. However it is very difficult to re-examine effectively. It is fraught with risk and has the potential to go badly wrong - as the transcript at the end of this blog shows…
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Cross-examination is a dangerous exercise in any trial. A wrong answer can do great damage to both sides’ cases. Accordingly, cross-examination should be undertaken by all trial lawyers with caution. There are well established “rules”, that trial lawyers follow to minimise that danger. However, as the blog shows, on occasion a skilled cross-examiner can depart from the rules to good effect.
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Recently I was part of the establishment of a new set of barristers chambers.
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Late last year I was involved in a long civil trial where counsel for the plaintiff applied for permission to the trial judge to withdraw as counsel. I represented one of the defendants. During part of the trial I was assisted by fellow barrister Honor Ford, who wrote this piece for the New Zealand Bar Association.
—Rob Latton, Barrister, FortyEight Shortland.
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