How do you establish the facts when human memory is not a faithful recording of events?
In the latest IFSEA podcast, Beth Hale, Partner and General Counsel at CM Murray LLP, is joined by Dr Benjamin Griffiths, Assistant Professor at the School of Psychology at the University of Nottingham; Emily Kaufer, Senior Director, Human Rights and Harassment at Air Canada and Joanna Ludlam, Partner at Jenner & Block, to explore the complexities of memory, perception and evidence in executive investigations. Watch the full discussion or listen here.
Following on from their panel discussion at the IFSEA Conference in June 2026, the speakers bring together perspectives from psychology, law and investigations practice to consider what the fallibility of memory means for those tasked with establishing the facts.
Key themes include:
Memory and the search for truth: Why memory is reconstructive rather than a precise record of events, and what this means when assessing witness accounts.
Testing witness evidence: The role of documentary evidence, timing and proximity to events when weighing different recollections.
Stress, trauma and intoxication: How these factors can affect the formation and recall of memories, and why gaps or inconsistencies require careful consideration.
External influences: How other people's accounts, media coverage and even the language used in questioning can influence recollection.
Investigator bias: Practical ways to guard against confirmation bias and test whether the evidence genuinely supports the conclusions reached.
The discussion offers practical insights for investigators, advisers and senior decision-makers navigating situations where memories differ, evidence is imperfect and the facts may not be straightforward.
We also thank Ellen Peart, Partner at BCL, who was unable to join the podcast, but participated in the panel on the day of the conference and provided excellent insights.
If you have any questions arising from this discussion, please contact Beth Hale, Dr Benjamin Griffiths, Emily Kaufer, or Joanna Ludlam.