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

Commercial Court finds witness evidence less reliable where witnesses did not refresh memories from contemporaneous documents

In a recent decision, the Commercial Court has rejected a party’s witness evidence on a key issue, commenting that the fact the witnesses did not refresh their memories from contemporaneous documents meant their evidence was “far less likely to be reliable than it might otherwise have been”: Global Display Solutions Ltd v NCR Financial Solutions … Read more

Commercial litigation podcast series – Episode 7: General update

In this seventh episode of our series of commercial litigation update podcasts, we consider: developments relating to disclosure and witness evidence, including an update on reforms in both areas; some recent cases relating to class actions; and the impact of Brexit in the insolvency context. This episode is hosted by Anna Pertoldi, a partner in … Read more