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In this sixth episode of our series of commercial litigation update podcasts, we briefly outline the impact of Brexit on disputes and dispute resolution clauses, focusing on practical points for commercial parties. We also look at some developments on privilege and funding, as well as an update on witness evidence reform, and finally we consider … Read more
The 127th update to the CPR Practice Directions has been published and includes (at Schedule 3) the final version of the new Practice Direction (PD) 57AC and Appendix that will govern preparation of trial witness statements in the Business and Property Courts. As anticipated, these will come into force on 6 April and will apply … Read more
Proposals for a new Practice Direction and Appendix governing the preparation of witness statements for trials in the Business and Property Courts, which were recently approved by the Business and Property Courts Board, have now been approved in principle by the Civil Procedure Rule Committee. There are some final points of drafting still being considered, … Read more
In this fifth episode of our series of commercial litigation update podcasts, we briefly outline the state of play for Brexit as it affects litigation in the English courts. We also look at some developments since our last update relating to the disclosure pilot, witness evidence reform and remote hearings, and finally we look at … Read more
In a recent decision, the High Court held that an application to admit witness evidence which had been filed and served late should be treated like an application for relief from sanctions under CPR 3.9: Wolf Rock (Cornwall) Ltd v Langhelle [2020] EWHC 2500 (Ch). The courts have previously implied sanctions into various rules and … Read more
In this fourth episode of our series of commercial litigation update podcasts, we look at a variety of cases and developments, including an update on the disclosure pilot and proposals in relation to witness statements. We also look at recent cases on privilege, witness evidence, access to court documents, claim notices and freezing injunctions. This … Read more
Proposals for a new Practice Direction and Appendix governing the preparation of witness statements for trials in the Business and Property Courts have been prepared by the Witness Evidence Working Group and published to attendees of the recent Commercial Court 125 virtual seminar. The proposals include a new authoritative statement of best practice, as well … Read more
On Monday 7 September, the Commercial Court presented its first virtual seminar as part of the celebration of the Court’s 125th anniversary, entitled: “Year 126 and onwards: planning for the future of London’s Commercial Court“. Chaired by Lord Justice Flaux, the Supervising Lord Justice for the Commercial Court, the event comprised panel sessions on virtual … Read more
The Supreme Court has held that it was permissible for a trial judge, in determining whether a bribe had been paid, to have regard to the possibility of the confessions of bribery having been obtained by torture, even though torture had not been proved on the balance of probabilities: Shagang Shipping Company Ltd v HNA … Read more
