Litigation Notes

Trial witness statements: High Court decisions highlight importance of compliance with Practice Direction 57AC

Proposed new rule would radically expand public access to court documents

High Court confirms that conscious “awareness” of a representation is an essential (and distinct) element to a claim for misrepresentation

The High Court has confirmed that a claimant’s conscious awareness or understanding of an implied representation is an essential element for a claim for …

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

Commercial litigation podcast series – Episode 14: General update

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, …

Commercial litigation podcast series – Episode 13: General update

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

Commercial litigation podcast series – Episode 12: General update

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 …

Commercial litigation podcast series – Episode 11: General update