Gestmin SGPS S.A. v Credit Suisse (UK) Ltd and Another
| Jurisdiction | England & Wales |
| Judge | Mr Justice Leggatt |
| Judgment Date | 15 November 2013 |
| Neutral Citation | [2013] EWHC 3560 (Comm) |
| Docket Number | Case No: 2011 FOLIO 1267 |
| Court | Queen's Bench Division (Commercial Court) |
| Date | 15 November 2013 |
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541 cases
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Kiril Klaturov v Revetas Capital Advisors LLP
...be an invitation by Mr Cohen KC in his oral opening for me to follow and apply the guidance in Gestmin SGPS SA v Credit Suisse (UK) Ltd [2013] EWHC 3560 by concentrating on the contemporaneous documents in preference to oral witness evidence, Mr Weale made the following submissions: a. In K......
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Penny Ann Lavis v Nursing and Midwifery Council
...Miss Christie-Brown invites me to consider Leggatt J's comments in his judgment in the case of Gestmin SGPS SA v (1) Credit Suisse (UK) Ltd (2) Credit Suisse Securities (Europe) Ltd. [2013] EWHC 3560 (Comm), where he referred to the: "common (and related) errors" in supposing "… (1) that th......
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E D & F Man Capital Markets Ltd v Come Harvest Holdings Ltd
...this, it is important to keep firmly in mind the approach of Leggatt J (as he then was) in Gestmin SGPS SA v Credit Suisse (UK) Ltd [2013] EWHC 3560 (Comm), which was approved by Lord Kerr (in a dissenting judgment) in R (on the application of Bancoult No 3) v Secretary of State for Foreig......
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Mental Health Care (UK) Ltd v Edward Lupen Healthcare Ltd
... ... 24 Another feature of this case is that although MHC's ... on recollection of such events — see Gestmin SGPS SA v. Credit Suisse (UK) Limited [2013] ... ...
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2 firm's commentaries
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It's Cocoa, Jim, But Not As We Know It: Court's Modern Interpretation Of Underwriters' And Brokers' Duties #4 - Getting The Witness Evidence Right And New Rules
...witness testimony with reference to documents in the case. This method was reflected in Gestmin SGPS SA v Credit Suisse (UK) Ltd [2013] EWHC 3560 (Comm) which has now been adopted in a number of cases. As our brains do not fix memories like digital content on a hard drive, Leggatt J referre......
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Court Of Session Confirms The Standard Of Evidence Required In Mesothelioma Claims
...his recollection of events was unreliable. Agreeing with the observations of Leggatt J in Gestmin SGPS S.A. v Credit Suisse (UK) Ltd [2013] EWHC 3560 (Comm), he "The process of attempting to remember events in the distant past is an inherently fallible one; it is a process that is highly su......
2 books & journal articles
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One step forward and two steps back? The ‘20 Principles’ for questioning vulnerable witnesses and the lack of an evidence-based approach
...in court. It is an issue which is beginning to attract theattention of senior judges.In Gestmin SGPS SA vCredit Suisse (UK) Ltd [2013] EWHC 3560 (Comm), a civil dispute, MrJustice Leggatt (now Lord Justice Leggatt) made this observation:While everyone knows that memory is fallible, I do not......
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Witness Statements for Employment Tribunals in England and Wales: What are the ‘Issues’?
...statementand of coming to court to give evidence for one side in the dispute.’Leggatt J in Gestmin SGPS SAvCredit Suisse (UK) Ltd 2013 EWHC 3560 (Comm).290 The International Journal of Evidence & Proof •‘The true voices of the witnesses, and the extent of their real recollection, which beca......