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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 …
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 …
Showing 60 out of 82 results
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