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High Court decisions on admissibility of opinion evidence
In two recent decisions, the High Court has considered the circumstances in which opinion evidence contained in third party reports or articles is …
Commercial Court considers principle that "there is no property in a witness"
The Commercial Court has held that it may be a contempt of court for a party to litigation to seek to prevent a witness or potential witness from …
Court of Appeal confirms Norwich Pharmacal orders cannot be used to obtain evidence for foreign proceedings
The Court of Appeal has confirmed that the English courts do not have jurisdiction to make a Norwich Pharmacal order that evidence be produced for use in …
Strict approach to witness protection orders
The High Court has refused to order that the identities of certain witnesses should be protected and that their evidence should be heard in …
Norwich Pharmacal orders cannot be used to obtain evidence for foreign proceedings
The High Court has held that the regime for compelling evidence, as distinguished from information, for use outside of the jurisdiction is exclusively …
Litigation from a client's perspective: top tips from the advocacy unit
On 21 March Murray Rosen QC, head of Herbert Smith's Advocacy Unit, together with support lawyers Pamela Kiesselbach and David Phillips, presented a …
New powers to define and limit factual evidence
The Civil Procedure Rule Committee has agreed a proposal to address the concerns expressed in Lord Justice Jackson's costs review as to the use of …
Webinar alert - Conducting litigation from the client's perspective: top tips from the Advocacy Unit
On Wednesday 21 March (12:45 to 1:45 UK time) Murray Rosen QC, David Phillips and Pamela Kiesselbach will present a …
Non-party access to witness statements and skeleton arguments
Two recent cases have considered the circumstances in which non-parties can gain access to certain court documents. Witness statements: In British Arab …
Court's approach to admission of late evidence?
We have previously reported on the Court of Appeal's decision in Swain-Mason and ors v Mills & Reeve [2011] EWCA Civ 14 which, we said, signalled a …
Evidence obtained from rubbish bins not unlawful
In a recent case, enquiry agents instructed by a judgment creditor had searched through documents discarded as rubbish on the pavement outside the London …
Final report published today in Lord Justice Jackson's year-long costs review
The final report in Lord Justice Jackson's civil litigation costs review was published this morning. The report presents the Judge's findings and …
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