Article published – Preparing witness evidence: significant changes proposed for Business and Property Courts

Proposals for a new Practice Direction and Appendix governing the preparation of witness statements for trials in the Business and Property Courts have been prepared by the Witness Evidence Working Group and published to attendees of the recent Commercial Court 125 virtual seminar. The proposals include a new authoritative statement of best practice, as well … Read more

Judicial Update on operation of the Disclosure Pilot Scheme

The judiciary has today published an Update on the operation of the Disclosure Pilot Scheme which has been operating in the Business and Property Courts since 1 January 2019 and is set to continue until the end of 2021 following a recent extension. The update includes publication of the Third Interim Report on the pilot … Read more

Judgment handed down in FCA’s COVID-19 business interruption insurance test case

The High Court has today handed down judgment in the COVID-19 Business Interruption insurance test case of The Financial Conduct Authority v Arch and Others. Herbert Smith Freehills represented the FCA (who was advancing the claim for policyholders) in the case, which considered 21 lead sample wordings from eight insurers. Following expedited proceedings, the judgment … Read more

Singapore Convention on Mediated Settlement Agreements comes into force tomorrow, 12 September 2020

Tomorrow marks an important day for international dispute resolution as the Singapore Mediation Convention comes into force, just over a year after its signing ceremony on 7 August 2019.  More formally known as the United Nations Convention on International Settlement Agreements Resulting from Mediation, the new Convention aims to establish a global enforcement regime for settlement … Read more

Two interesting decisions on freezing injunctions

Recent posts on our Civil Fraud and Asset Tracing Notes blog highlight two interesting decisions on freezing injunctions. In the first, the Court of Appeal clarified that, in the absence of an established pattern of trading, expenditure pursuing a fledgling business is unlikely to fall within the “ordinary and proper course of business” exception to … Read more