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High Court refuses non-party access to witness statements prepared for trial and referred to at pre-trial hearing
The High Court has refused an order allowing The Sunday Times to obtain access, in advance of a trial, to witness statements prepared for that trial, …
High Court takes strict approach to when permission needed for collateral use of documents disclosed in proceedings
The High Court has recently considered the restrictions on collateral use of documents and witness statements disclosed in proceedings, and has provided …
Payments to witnesses contingent on outcome of litigation were contrary to public policy but did not result in strike-out
The High Court has found that agreements entered into by a successful claimant to make payments to witnesses contingent on the success of the litigation …
Court of Appeal clarifies when court will allow inspection of documents mentioned in witness statement or statement of case
In a recent decision, the Court of Appeal has clarified the approach to be taken in determining whether the court should allow inspection of a document …
Court of Appeal finds judge was wrong to exclude one claimant from court while the other claimant gave evidence
The Court of Appeal found that a judge had been wrong to make an order excluding one claimant from court while the other claimant gave evidence, despite …
Establishing "good reason" for breach of order following change of solicitors may require waiver of privilege
The High Court has extended a witness statement deadline, where a party was in breach of the previous timetable, but refused to vacate …
Mitchell decision considers court's approach to admitting evidence of "similar facts"
Parties to litigation sometimes wish to rely on evidence of similar but unconnected past incidents, arguing that what happened then is a good indicator …
High Court holds anonymous hearsay evidence will usually be inadmissible in professional disciplinary proceedings
In a recent decision, the High Court has held that in general it would be unfair to admit "potentially significant" anonymous hearsay evidence in …
High Court finds witness should only be excluded from court with good reason
In a recent decision, the High Court has commented on the approach that should be adopted in exercising the court's discretion to exclude a witness from …
High Court applies new express powers to limit witness evidence
In what appears to be the first High Court decision applying the court's new express powers to limit factual witness evidence, the court has restricted …
Court of Appeal applies Mitchell guidance and finds defendant cannot rely on witness evidence served late
The Court of Appeal has held that a defendant Chief Constable's late service of witness statements meant that it could not rely on …
Court of Appeal finds undue pressure on witness to produce statement does not come within witness immunity rule
Witness evidence and witness statements have long been given immunity from civil proceedings. The rationale is twofold: firstly so that witnesses in …
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