All blog posts
Showing 72 out of 82 results
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 …
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 …
Showing 72 out of 82 results
View moreKey contacts
Alan Watts
Partner, Head of Class Actions, UK and EMEA, London
Maura McIntosh
Knowledge Counsel, London
Tracey Lattimer
Knowledge Lawyer, London
Camilla Macpherson
Knowledge Lawyer, London