The truth, the whole truth and nothing but the truth

James v Scudamore [2023] EWHC 996 (Ch)

by Priya Wagjiani

As practitioners in the field will be aware, witnesses in trusts and estates litigation often have a personal interest in a particular version of events being accepted by the court, whether they are beneficiaries of a will or trust or family members with a personal grudge. There is a real emotional element to this area of work which results in witnesses who think they are morally right conjuring up a legal claim or facts in support thereof. It is therefore particularly important for practitioners to be aware of, and protect against, the possibility of their witnesses giving misleading or dishonest evidence.