Inside Insolvency

The Evidence Edge - Tips from a KC

In this episode, Neil Stewart talks to Joe Curl KC about the art and science of handling evidence in complex cases. They dive into the challenges of presenting evidence effectively, common pitfalls in witness statement drafting, and how to orient witnesses properly. Joe and Neil also discuss the role of expert witnesses and the fine line between factual and expert evidence. Packed with real-world war stories and key case references like Davey v Money (2018) and Brewer v Iqbal (2019), they share insights on reviewing expert reports, trading sites for experts, and choosing your expert wisely. The conversation wraps up with practical top tips, including thinking about how to best assist the judge in getting to grips with the evidence in your case, spotting and taking account of that text or email that can change the narrative, and whether officeholders should make a witness statement at all. A must-listen for insolvency practitioners, lawyers, barrister and anyone interested in mastering the evidence edge.

Evidence: A Judge's Perspective

Former Chief Registrar and current part-time ICC Judge, Stephen Baister joins Neil Stewart to unpack the essentials of evidence. From witness statements to hearsay, he shares practical guidance and pitfalls to avoid -insights every litigator and insolvency practitioner should hear.