High Court decisions on admissibility of opinion evidence

In two recent decisions, the High Court has considered the circumstances in which opinion evidence contained in third party reports or articles is admissible in civil proceedings. In Rogers v Hoyle [2013] EWHC 1409 (QB), the court had to consider whether… Read more

Strict approach to witness protection orders

The High Court has refused to order that the identities of certain witnesses should be protected and that their evidence should be heard in private: Cherney v Deripaska [2012] EWHC 1781 (Comm). The court accepted that it had the power to make… Read more

New powers to define and limit factual evidence

The Civil Procedure Rule Committee has agreed a proposal to address the concerns expressed in Lord Justice Jackson's costs review as to the use of "lengthy and prolix" witness statements (click here for a summary of his key recommendations affecting commercial… Read more

Court’s approach to admission of late evidence?

We have previously reported on the Court of Appeal's decision in Swain-Mason and ors v Mills & Reeve [2011] EWCA Civ 14 which, we said, signalled a strict approach to applications for late amendments (see here). The court in that… Read more

Evidence obtained from rubbish bins not unlawful

In a recent case, enquiry agents instructed by a judgment creditor had searched through documents discarded as rubbish on the pavement outside the London offices of the judgment debtors, made copies of relevant documents, and returned the originals to the… Read more

Recovery of management and staff costs

In a decision which has provided valuable guidance in resolving an area of legal uncertainty, the Court of Appeal has clarified the conditions which need to be fulfilled for payments made towards management and staff costs to be recoverable as… Read more