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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
The High Court has refused to strike out witness statements for non-compliance with PD 57AC, which applies to trial witness statements signed on or after 1 April 2021 in the Business and Property Courts, but has ordered the statements to be redrafted in a number of respects to comply with the requirements: Blue Manchester Ltd … Read more
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
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
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
