All blog posts
Showing 60 out of 78 results
High Court finds strike out of response to unfair prejudice petition does not automatically entitle petitioner to relief
In a recent judgment, the High Court has considered the extent to which petitioners in relation to unfair prejudicial conduct of a company's affairs can …
Court of Appeal considers when court can use hindsight in assessing damages for "loss of a chance"
The Court of Appeal has considered the proper approach to awarding damages for the loss of a chance where a claimant has been deprived of a claim in …
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 …
Showing 60 out of 78 results
View more