Litigation Notes

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 …

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 …

High Court refuses to admit late witness evidence, applying principles for applications for relief from sanctions

In a recent decision, the High Court held that an application to admit witness evidence which had been filed and served late should be treated like an …

Commercial Court 125 virtual seminar: insights on virtual hearings, the disclosure pilot and witness evidence reform

Supreme Court clarifies proper approach to assessing weight of evidence where court finds serious possibility (but not probability) it was obtained by torture

Split trials, supplemental statements and the need for relief from sanctions

The judgment from the pre-trial review in the long-running Tesco Litigation (a securities class action) has illustrated the need for clarity as to the …

Court of Appeal overturns order permitting use of covert recordings to support claims in civil litigation before breach of confidence claim determined

A recent Court of Appeal decision illustrates the court's approach to the protection of confidential information, emphasising that the question of a …

Witness evidence working group: proposals for improvement but no radical change

Obtaining evidence from US-connected entities - US court widens the scope

The US Court of Appeals for the Second Circuit has handed down a decision that potentially increases the scope for parties in non-US legal proceedings to …

A no-deal Brexit: The implications for disputes