In the context of a claim in which there were substantial disagreements as to the underlying facts. Nugee J said: ”Despite the primacy which our trial system has long given to oral evidence, it is by now a commonplace that the memory even of witnesses who are doing their honest best is often unreliable . . and in cases of fraud when the credibility of witnesses is in issue, it has long been recognised to be essential to test their veracity by reference to the objective facts proved independently of their testimony, in particular by reference to the documents in the case, and also to pay particular regard to their motives and to the overall probabilities . .’
Judges:
Nugee J
Citations:
[2018] EWHC 2016 (Ch)
Links:
Jurisdiction:
England and Wales
Cited by:
Cited – Walsh v Greystone Financial Services Ltd ChD 4-Jul-2019
The parties disputed a long history of allegations and denials of involvement in fraud. . .
Lists of cited by and citing cases may be incomplete.
Contract, Trusts
Updated: 10 July 2022; Ref: scu.621072