Evidence

High Court refuses non-party access to witness statements prepared for trial and referred to at pre-trial hearing

The High Court has refused an order allowing The Sunday Times to obtain access, in advance of a trial, to witness statements prepared for that trial, even though the statements had been placed before the judge and referred to at … Continue reading

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Filed under Confidentiality, Evidence

High Court takes strict approach to when permission needed for collateral use of documents disclosed in proceedings

The High Court has recently considered the restrictions on collateral use of documents and witness statements disclosed in proceedings, and has provided guidance on what constitutes "use" in this context: Robert Tchenguiz and Another v Grant Thornton UK LLP and … Continue reading

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Filed under Disclosure, Evidence

Payments to witnesses contingent on outcome of litigation were contrary to public policy but did not result in strike-out

The High Court has found that agreements entered into by a successful claimant to make payments to witnesses contingent on the success of the litigation were contrary to public policy and should not have been made. However, in the circumstances … Continue reading

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Court of Appeal clarifies when court will allow inspection of documents mentioned in witness statement or statement of case

In a recent decision, the Court of Appeal has clarified the approach to be taken in determining whether the court should allow inspection of a document "mentioned" in a witness statement or statement of case: Blue Holdings (1) PTE Ltd & … Continue reading

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Filed under Confidentiality, Disclosure, Evidence, Statements of case

Court of Appeal finds judge was wrong to exclude one claimant from court while the other claimant gave evidence

The Court of Appeal found that a judge had been wrong to make an order excluding one claimant from court while the other claimant gave evidence, despite allegations that the claim was fraudulent. However, the order did not render the … Continue reading

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Establishing “good reason” for breach of order following change of solicitors may require waiver of privilege

The High Court has extended a witness statement deadline, where a party was in breach of the previous timetable, but refused to vacate the trial date to allow more time for statements to be prepared and served: Devon & Cornwall Autistic Community Trust v Cornwall … Continue reading

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Filed under Evidence, Interim applications, Privilege

Mitchell decision considers court’s approach to admitting evidence of “similar facts”

Parties to litigation sometimes wish to rely on evidence of similar but unconnected past incidents, arguing that what happened then is a good indicator of what happened in the case in question. Such evidence of “similar facts” is tightly controlled … Continue reading

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High Court holds anonymous hearsay evidence will usually be inadmissible in professional disciplinary proceedings

In a recent decision, the High Court has held that in general it would be unfair to admit "potentially significant" anonymous hearsay evidence in professional disciplinary proceedings, although there may be exceptions to this in some circumstances: White v Nursing and … Continue reading

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High Court finds witness should only be excluded from court with good reason

In a recent decision, the High Court has commented on the approach that should be adopted in exercising the court’s discretion to exclude a witness from court before giving evidence: Luckwell v Limata [2014] EWHC 536 (Fam). In civil cases … Continue reading

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High Court applies new express powers to limit witness evidence

In what appears to be the first High Court decision applying the court’s new express powers to limit factual witness evidence, the court has restricted the number of witnesses that may be called by a claimant in relation to particular … Continue reading

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