11/13/2025 | News release | Distributed by Public on 11/13/2025 08:46
If you've been watching Celebrity Traitors, you'll know that one of the show's great fascinations is watching contestants try, and in this series usually fail, to spot who's deceiving them. Season after season, we see intelligent, perceptive people confidently accuse the wrong person while the Traitors sit quietly, sometimes poker-faced like Cat Burns, other times giggling nervously like Alan Carr, who won despite telling us all he couldn't keep a secret! Even when the faithful do think they've identified a traitor, often they doubt themselves or let themselves be side tracked, as Jonathan Ross was able to exploit successfully.
For a litigation lawyer, it's a familiar sight. In court, just like in the castle, it's incredibly difficult to tell whether someone is lying. And unlike reality TV, the consequences can be far more serious.
In the Traitors, contestants often mistake confidence for honesty. Someone who speaks clearly, looks others in the eye, and maintains a steady tone tends to be believed. Yet years of experience in court show that confidence has little to do with truthfulness.
A nervous, hesitant witness might simply be anxious about the courtroom setting. Meanwhile, a calm and assertive witness might be rehearsed or even deceptive. We all need to remember that demeanour alone is a poor indicator of credibility.
Not every inaccuracy is a lie. Just as contestants on The Traitors convinced themselves of false theories, witnesses can genuinely believe their version of events even when it's wrong. Memory is fallible; stress, time, and suggestion all reshape recollection.
In litigation, part of the challenge lies in distinguishing deliberate falsehood from honest mistake. A witness may sound inconsistent because their memory has evolved, not because they intend to deceive. A mistake about one incident doesn't necessarily mean the witness is wrong about everything else.
On the Traitors, the players rely on instinct and social dynamics, but in court, we rely on evidence. Documents, emails, contracts, expert reports and other witness evidence provide the context that helps judges and juries assess whether testimony stands up to scrutiny.
Cross-examination is designed to test that evidence, not simply to "catch someone out," but to see whether their story remains consistent when compared with the facts. A good litigator doesn't rely on gut feeling, they build a structure that lets the truth emerge through testing and corroboration. That is why cross examination is often less dramatic in real life than in a court room TV drama.
Humans are hardwired to think we can read others. We look for micro-expressions, tone changes, perceived slip ups or the classic "guilty face." But as The Traitors proves week after week, those cues often mislead us. Poor Joe Marler lost at the very last moment because he innocently apologised to Cat. This convinced others of his guilt, quite wrongly as it turned out!
In litigation, overconfidence in one's ability to "read" a witness can be dangerous. It's one reason why judges approach credibility assessments with caution and often explain their reasoning carefully in written judgments.
If Celebrity Traitors teaches us anything, it's humility: even the sharpest minds can be fooled. Stephen Fry and David Olusoga were no better at spotting deception than any other contestants, despite their impressive intellectual skills. For litigation lawyers and their clients, it's a reminder that witness credibility must be assessed through evidence, not instinct.
So next time you're watching contestants confidently point fingers around that candlelit table, remember: it's not so different from a courtroom. Everyone has a story they want to tell, (almost) everyone believes they're right, and only careful questioning and objective evidence can reveal who's really telling the truth. There is no short cut to victory in the Traitors or the court room.
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Rosie Walker Partner, Head of Litigation |
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The information and opinions contained in this blog are for information only. They are not intended to constitute advice and should not be relied upon or considered as a replacement for advice. Before acting on any information contained in this blog, please seek solicitor's advice from Gilson Gray.