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A recent decision acts as a further reminder of the need to comply with Practice Direction (PD) 57AC, which applies to trial witness statements signed on or after 1 April last year, and the dangers of dismissing an opponent’s complaints of non-compliance: McKinney Plant & Safety Ltd v The Construction Industry Training Board [2022] EWHC … Read more
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
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
The latest in a line of High Court decisions considering Practice Direction (PD) 57AC, which applies to trial witness statements signed since April 2021, suggests that opponents should identify specific passages which they allege fail to comply with the PD if they wish the court to take action: Primavera Associates Ltd v Hertsmere Borough Council … Read more
In this 13th episode of our series of commercial litigation update podcasts, we give an update on recent cases relating to force majeure in the context of US sanctions, trial witness statements, draft judgments provided under embargo, and privilege, as well as cases and developments concerning cryptocurrencies. This episode is hosted by Anna Pertoldi, a … Read more
At a pre-trial review earlier this year, the High Court held that a claimant’s witness statements were in breach of Practice Direction (PD) 57AC as they contained speculation on matters outside the witness’s knowledge, set out mere commentary on documents disclosed by the defendant, and sought to argue the case. The court therefore withdrew permission … Read more
In this 12th episode of our series of commercial litigation update podcasts, we outline some recent cases on witness evidence, privilege and the dangers of filing court documents on the last day for service. We also cover some decisions on jurisdiction, and finally we look at a few recent cases where the courts have had … Read more
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 Practice Direction (PD) 57AC, which sets out requirements for trial witness statements signed on or after 1 April 2021 in the Business and Property Courts, but ordering that the … Read more
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
