Litigation Notes

Commercial litigation podcast series – Episode 11: General update

Further guidance on new requirements for trial witness statements under Practice Direction 57AC

High Court gives guidance on new requirements for trial witness statements

A recent High Court judgment gives guidance on the new requirements under Practice Direction (PD) 57AC, which applies to trial witness statements signed …

High Court draws adverse inferences from failure to call relevant witness, and finds default interest clause to be an unenforceable penalty

The High Court has rejected a claim for misrepresentation, finding that although a fraudulent misrepresentation had been made, it had not induced the …

Commercial litigation podcast series – Episode 9: General update

New regime for trial witness statements does not change law on admissibility

Article published - Witness evidence and refreshing memory: virtue or vice?

The most controversial feature of the new regime for trial witness statements in the Business and Property Courts, at Practice Direction 57AC and its …

Commercial litigation podcast series – Episode 8: General update

Witness immunity rule did not apply to examination conducted under s.236 of the Insolvency Act 1986

The High Court has held that an examination conducted pursuant to an order made under s.236 of the Insolvency Act 1986 ("IA") did not attract witness …

Commercial Court finds witness evidence less reliable where witnesses did not refresh memories from contemporaneous documents

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 …