Direct speech evidence after Kane’s Hire and Gan v Xie: did you get the gist?

•Lawyers should never put words into the mouths of witnesses and witness evidence of conversations should only use direct speech where the witness recalls the exact words spoken.
•Lawyers can test the veracity of their witnesses’ evidence and should assist witnesses to ensure their affidavits are well structured, succinct, relevant and admissible.
•Where a witness exactly recalls the words said, using direct speech is appropriate in affidavit evidence but lawyers should never use ‘words to the effect of’.