Commercial litigation podcast series – Episode 14: General update

In this 14th episode of our series of commercial litigation update podcasts, we look at the most recent decisions on trial witness statements, a decision on what parties can do when they have received a draft judgment under embargo, upcoming changes to the circumstances in which proceedings can be served on parties outside the jurisdiction … Read more

Courts have new powers to allow remote observation of hearings

From today, courts and tribunals have new powers to allow reporters and other members of the public to observe hearings remotely, under new s.85A of the Courts Act 2003 and the Remote Observation and Recording (Courts and Tribunals) Regulations 2022. The Lord Chief Justice and the Senior President of Tribunals have issued practice guidance to … Read more

Party penalised in costs for disproportionate application to strike out witness evidence for non-compliance with PD 57AC

A recent High Court decision highlights the need to think carefully before applying to strike out an opponent’s witness statements, or parts of them, for non-compliance with Practice Direction (PD) 57AC (which applies to trial witness statements signed since April 2021): Curtiss v Zurich Insurance Plc [2022] EWHC 1514 (TCC). A line of authorities since … Read more

Article published – Expansion of jurisdiction gateways coming soon

The Civil Procedure Rule Committee has approved a number of new jurisdiction gateways in CPR Practice Direction 6B, as well as amendments to existing gateways, aimed at filling in perceived gaps in the current rules or, in some cases, clarifying their meaning. The changes are expected to come into effect in October this year. Anna … Read more

Freezing orders brought onto the blockchain and service of proceedings via NFTs

The challenge of enforcing court orders in respect of cryptocurrencies may become easier, following the settlement announced last week between the Bitcoin Association for BSV and Tulip Trading Ltd (TTL). This follows the significant case brought by Dr Craig Wright against a number of blockchains and their developers in 2021: Tulip Trading Limited v Bitcoin … Read more