Credibility - Presiding Case Law

[heisenberg]

Dear all,

Does anyone know what the presiding case law is in respect to a party's credibility (i.e. where a party is proven not to be credible and how this should form an adverse inference against that party)?

Many thanks.

[Openlaw15]

Re: Credibility - Presiding Case Law

Dear all,

Does anyone know what the presiding case law is in respect to a party's credibility (i.e. where a party is proven not to be credible and how this should form an adverse inference against that party)?

Many thanks.

Is this an expert witness or just the average person? Is this a civil or criminal matters.. as rules of evidence will likely be different. It just depends on the witness type and the cause of action type, how serious the case if criminal, or how persuasive if suing someone. Adverse inference is used in criminal law, I know that - ie 'no comment' at a police station is an adverse inference at court later.

[heisenberg]

Re: Credibility - Presiding Case Law

Is this an expert witness or just the average person? Is this a civil or criminal matters.. as rules of evidence will likely be different. It just depends on the witness type and the cause of action type, how serious the case if criminal, or how persuasive if suing someone. Adverse inference is used in criminal law, I know that - ie 'no comment' at a police station is an adverse inference at court later.

Many thanks.

It is a civil case. I am seeking to bring a claim against my NHS Trust. The level of dishonesty is unfathomable (and quite disgusting bearing in mind they have a duty of candour).

They (the solicitor and the Chief Executive) have made assertions which I strongly suspect they will not be able to maintain (if the judge overseeing the case has half a brain). I am just wondering how this could adversely effect their position generally.

[charitynjw]

Re: Credibility - Presiding Case Law

A case of 'too many chiefs;?

[heisenberg]

Re: Credibility - Presiding Case Law

A case of 'too many chiefs;?

Maybe or a case of too many unethical people trying to cover their backsides.

[heisenberg]

Re: Credibility - Presiding Case Law

I have come across one case:

The Royal Bank of Scotland v Highland Financial Partners LP

And an article here:

https://civillitigationbrief.wordpre...cantile-court/

[charitynjw]

Re: Credibility - Presiding Case Law

What exactly do you mean by 'credibility'?

Do you think they:
lied to you
misrepresented
were negligent
were not qualified to deal with you
or some other reason.

The burden of proof will be on you to prove it, & the more serious the allegation, the higher the 'bar' will be re balance of probabilities in a Civil action.
Criminal allegations would require 'beyond reasonable doubt'.

[heisenberg]

Re: Credibility - Presiding Case Law

What exactly do you mean by 'credibility'?

Do you think they:
lied to you
misrepresented
were negligent
were not qualified to deal with you
or some other reason.

The burden of proof will be on you to prove it, & the more serious the allegation, the higher the 'bar' will be re balance of probabilities in a Civil action.
Criminal allegations would require 'beyond reasonable doubt'.

Dishonesty and recklessly providing the court with false information.

Does anyone actually get convicted for perjury these days? It seems hardly anyone is shy about providing false information to the court in order to defend themselves.