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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 …
Civil litigation costs review: a seminar with Lord Justice Jackson
Herbert Smith held a client event on 29 June 2009 to discuss the preliminary report in Lord Justice Jackson's year-long costs review, which was published …
Do not be complacent in resisting a summary judgment application
In resisting a summary judgment application, the respondent must put forward sufficient evidence to satisfy the court that it has a real prospect of …
Recovery of management and staff costs
In a decision which has provided valuable guidance in resolving an area of legal uncertainty, the Court of Appeal has clarified the conditions which need …
Damages for “loss of a chance”: Court can use hindsight
A recent Court of Appeal judgment confirms that, in assessing damages for loss of a chance in litigation, the court should normally have regard to …
Showing 84 out of 84 results
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