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25 November 2022 / Theo Huckle KC
Issue: 8004 / Categories: Features , Procedure & practice
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Piecing together the puzzle

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How to tell who is telling the truth? Theo Huckle KC sets out some valuable guidance from the courts on assessing a witness’s honesty
  • In Muyepa v Ministry of Defence, Mr Justice Cotter dismissed a personal injury claim on the basis of fundamental dishonesty on the part of the claimant, and set out a useful step-by-step guide to analysing veracity.

Last year I wrote an article (blogged on my website (www.theohucklekc.com/blog)) about the Gestmin line of cases and the new practice direction (PD 57A) concerning certification of trial witness statements and extended statements of truth, and their implications for the proper judicial approach to assessing the credibility and veracity of witnesses.

Now, on his way to dismissing a personal injury claim on the basis that it was fundamentally dishonest, Mr Justice Cotter reconsidered this matter in detail in Muyepa v Ministry of Defence [2022] EWHC 2648 (KB), [2022] All ER (D) 71 (Oct) and provided a very helpful review of the issue of assessing lay evidence.

What

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NEWS
The Supreme Court has delivered a decisive ruling on termination under the JCT Design & Build form. Writing in NLJ this week, Andrew Singer KC and Jonathan Ward, of Kings Chambers, analyse Providence Building Services v Hexagon Housing Association [2026] UKSC 1, which restores the first-instance decision and curbs contractors’ termination rights for repeated late payment
Secondments, disciplinary procedures and appeal chaos all feature in a quartet of recent rulings. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, examines how established principles are being tested in modern disputes
The AI revolution is no longer a distant murmur—it’s at the client’s desk. Writing in NLJ this week, Peter Ambrose, CEO of The Partnership and Legalito, warns that the ‘AI chickens’ have ‘come home to roost’, transforming not just legal practice but the lawyer–client relationship itself
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
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