Litigation Notes

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 …

Court of Appeal confirms approach to setting aside judgment where fresh evidence adduced after trial

The Court of Appeal has refused to remit a question of fraud to be heard by the lower court, where a party alleged that fresh evidence obtained after …

Court of Appeal finds trial should be adjourned due to unavailability of important witness

The Court of Appeal has held that a trial should be adjourned due to the unavailability of an important witness, finding that the relevant test is …

Commercial litigation podcast series – Episode 6: General update

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