Litigation Notes

Commercial Court 125 virtual seminar: insights on virtual hearings, the disclosure pilot and witness evidence reform

Supreme Court clarifies proper approach to assessing weight of evidence where court finds serious possibility (but not probability) it was obtained by torture

Split trials, supplemental statements and the need for relief from sanctions

The judgment from the pre-trial review in the long-running Tesco Litigation (a securities class action) has illustrated the need for clarity as to the …

Court of Appeal overturns order permitting use of covert recordings to support claims in civil litigation before breach of confidence claim determined

A recent Court of Appeal decision illustrates the court's approach to the protection of confidential information, emphasising that the question of a …

Witness evidence working group: proposals for improvement but no radical change

Obtaining evidence from US-connected entities - US court widens the scope

The US Court of Appeals for the Second Circuit has handed down a decision that potentially increases the scope for parties in non-US legal proceedings to …

A no-deal Brexit: The implications for disputes

Court of Appeal reiterates limited scope for reference to pre-contractual material when interpreting contracts

A stark reminder of the restrictions on collateral use of disclosed documents, including information derived from them

The High Court has delivered a strong message as to the need for litigants to appreciate the rules relating to collateral use of disclosed documents, …

Witness evidence working group: survey on current rules and some radical alternatives

A working group was set up earlier this year, led by Mr Justice Popplewell, to review the current rules and practice and make recommendations for …

Service Regulation and Taking of Evidence Regulation will cease to apply post-Brexit

The government has published a draft statutory instrument, the Service of Documents and Taking of Evidence in Civil and Commercial Matters (Revocation …

Court of Appeal applies rigorous approach to assessing purpose element of claims to set aside transactions defrauding creditors

Despite evidence that a defendant knew he was facing potential proceedings which could bankrupt him, at the time he transferred assets to his son, the …