“… the analysis of oral evidence based on the witnesses’ alleged recollection of events by Leggatt J, as he then was, in Gestmin SGPS SA v Credit Suisse (UK) Ltd [2013] EWHC 3560 (Comm) drawn to my attention by [counsel for the Bank] ……”
“…uman memory first arose in a commercial setting through observations made by Leggatt J (as he then was) in Gestmin SGPS SA v Credit Suisse (UK) Ltd and Another [2013] EWHC 3560 (Comm) (‘Gestmin’) at [15] – [22], and more recently in Blue v Ashley [2017] EWHC 1928 (Comm) at [68] –…”
“…approach by citing at length the observations of Leggatt J (as he then was) as to the fallibility of human memory in Gestmin SGPS S.A. v Credit Suisse (UK) Ltd [2013] EWHC 3560 (Comm) at [15] to [22] and in Blue v Ashley [2017] EWHC 1928 (Comm) at [68] to [69]. The judge understood these passages as “an admonition that the best approach for …”