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03 March 2017
Issue: 7736 / Categories: Legal News , Profession
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Smoking guns & cross-examination: Lord Neuberger

The UK’s most senior judge has questioned the value of disclosure of documents and cross-examination of witnesses.

Lord Neuberger, President of the Supreme Court, expressed his “rather heretical” view during the Neill lecture to the University of Oxford’s Faculty of Law.

He said he was sceptical that many cases were “decided by a ‘smoking gun’ found on the often enormously time consuming and expensive exercise of disclosure and inspection of documents”. Where a “smoking gun” was found, the case would often have been decided the same way and more cheaply without disclosure, he said. Moreover, “further down the litigation road, apparently smoking guns frequently turn out not to be smoking or even guns”.

“As for cross-examination, most of the best points that emerge from questioning can be made much more shortly in argument,” he said.

Lord Neuberger is due to step down in the autumn. An appointments exercise is currently under way to find his successor.

Issue: 7736 / Categories: Legal News , Profession
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MOVERS & SHAKERS

Cripps—Radius Law

Cripps—Radius Law

Commercial and technology practice boosted by team hire

Switalskis—Grimsby

Switalskis—Grimsby

Firm expands with new Grimsby office to serve North East Lincolnshire

Slater Heelis—Will Newman & Lucy Spilsbury

Slater Heelis—Will Newman & Lucy Spilsbury

Property team boosted by two solicitor appointments

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