Litigation Notes

Commercial litigation podcast series - Episode 7: General update

Court of Appeal finds evidence should not have been excluded even if it was obtained by hacking

The Court of Appeal has dismissed an appeal against a judge's decision upholding a claim where the claimant had relied on evidence obtained through …

Article published - New rules on trial witness statements from 6 April 2021: what should you be doing now?

Court of Appeal confirms approach to setting aside judgment where fresh evidence adduced after trial

The Court of Appeal has refused to remit a question of fraud to be heard by the lower court, where a party alleged that fresh evidence obtained after …

Court of Appeal finds trial should be adjourned due to unavailability of important witness

The Court of Appeal has held that a trial should be adjourned due to the unavailability of an important witness, finding that the relevant test is …

Commercial litigation podcast series – Episode 6: General update

Witness evidence reforms: final versions now published and will apply from 6 April

Witness evidence reforms approved in principle and likely to come into force April 2021

Proposals for a new Practice Direction and Appendix governing the preparation of witness statements for trials in the Business and Property Courts, which …

Commercial litigation podcast series – Episode 5: General update

High Court refuses to admit late witness evidence, applying principles for applications for relief from sanctions

In a recent decision, the High Court held that an application to admit witness evidence which had been filed and served late should be treated like an …

Commercial litigation podcast series – Episode 4: General update

Article published - Preparing witness evidence: significant changes proposed for Business and Property Courts

Proposals for a new Practice Direction and Appendix governing the preparation of witness statements for trials in the Business and Property Courts have …