Commercial litigation podcast series – Episode 11: General update

In this 11th episode of our series of commercial litigation update podcasts, we outline some recent cases on witness evidence and relief from sanctions, and give a very brief update on the disclosure pilot. We also cover some decisions on jurisdiction and pleading foreign law, including an important Supreme Court decision, and finally we look … Read more

High Court gives guidance on new requirements for trial witness statements

A recent High Court judgment gives guidance on the new requirements under Practice Direction (PD) 57AC, which applies to trial witness statements signed on or after 6 April 2021 in the Business and Property Courts: Mansion Place Ltd v Fox Industrial Services Ltd [2021] EWHC 2747 (TCC). The decision shows that, in an appropriate case, … Read more

High Court draws adverse inferences from failure to call relevant witness, and finds default interest clause to be an unenforceable penalty

The High Court has rejected a claim for misrepresentation, finding that although a fraudulent misrepresentation had been made, it had not induced the claimant to enter into the transaction: Ahuja Investments Ltd v Victorygame Ltd [2021] EWHC 2382 (Ch). The court’s finding as to (lack of) inducement was based in large part on the claimant’s … Read more

Commercial litigation podcast series – Episode 9: General update

In this ninth episode of our series of commercial litigation update podcasts, we give a brief update on developments relating to Brexit, and discuss some recent cases on factual witness and expert evidence. We also look at a recent Civil Justice Council report on compulsory ADR and finally we discuss an important Supreme Court decision … Read more

New regime for trial witness statements does not change law on admissibility

The High Court has considered the new Practice Direction (PD) 57AC on trial witness statements, which applies to statements signed on or after 6 April 2021, and confirmed that it does not change the law on admissibility of evidence, including the circumstances in which a witness of fact is permitted to give opinion evidence: Mad … Read more

Article published – Witness evidence and refreshing memory: virtue or vice?

The most controversial feature of the new regime for trial witness statements in the Business and Property Courts, at Practice Direction 57AC and its Appendix, is the requirement for the statement to list all documents the witness has referred to, or been referred to, for the purpose of providing the evidence set out in the … Read more

Commercial litigation podcast series – Episode 8: General update

In this eighth episode of our series of commercial litigation update podcasts, we give a brief update on developments relating to jurisdiction and the enforcement of judgments post-Brexit, and on disclosure, as well as considering recent cases on witness evidence, the without prejudice rule, and when the courts will hand down judgment despite the parties … Read more