Litigation Notes

Indemnity costs awarded against party who dismissed complaints about witness statement non-compliance as "nit-picking"

Party penalised in costs for disproportionate application to strike out witness evidence for non-compliance with PD 57AC

High Court decision suggests party alleging witness statement fails to comply with PD 57AC must identify specific failures

The latest in a line of High Court decisions considering Practice Direction (PD) 57AC, which applies to trial witness statements signed since April 2021, …

High Court orders witness statements to be redrafted due to serious non-compliance with PD 57AC

Another decision regarding a failure to comply with the new requirements for trial witness statements under PD 57AC

A recent High Court decision has taken a similar approach to previous cases in refusing to strike out a witness statement for failure to comply with …

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 …

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

Witness evidence reforms: final versions now published and will apply from 6 April

Witness evidence reforms approved in principle and likely to come into force April 2021

Proposals for a new Practice Direction and Appendix governing the preparation of witness statements for trials in the Business and Property Courts, which …