Jason Galbraith-Marten KC, director and co-founder of Assurety, reflects on an insightful and thought-provoking panel discussion at LIDW22:
What a pleasure to appear as part of the panel discussing witness evidence and witness familiarisation training at the London International Disputes Week chaired by Mrs. Justice Cockerill, the Judge in Charge of the Commercial Court. It was also fascinating to hear the German perspective from Sibylle Schumacher and the American perspective from Brian King, international arbitration lawyer. Paul Downes KC and I ostensibly took opposing sides on the value of witness familiarisation training but in truth we both agreed that if done badly, it’s “about as much use as a chocolate fire guard” (as was said in one memorable case). Where we differed was on the value of good witness training. Our view is that witnesses deserve to be properly prepared for what is inevitably an unfamiliar and hostile experience. When so much time and resource is invested in every other aspect of litigation, why skimp on the preparation of witnesses? Indeed, as Brian King recounted one client telling him: “if you can’t (or, I might add, won’t) prepare me, find someone who can.”
Jason Galbraith-Marten `KC
Founder and Director
