Commercial litigation podcast series – Episode 5: General update

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

Commercial litigation podcast series – Episode 4: General update

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

Article published – Preparing witness evidence: significant changes proposed for Business and Property Courts

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

Commercial Court 125 virtual seminar: insights on virtual hearings, the disclosure pilot and witness evidence reform

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

Supreme Court clarifies proper approach to assessing weight of evidence where court finds serious possibility (but not probability) it was obtained by torture

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

Court of Appeal overturns order permitting use of covert recordings to support claims in civil litigation before breach of confidence claim determined

A recent Court of Appeal decision illustrates the court’s approach to the protection of confidential information, emphasising that the question of a party’s entitlement to use material obtained in breach of confidence must be determined before that party can rely on the material in support of separate claims, not at the same time or afterwards: … Read more

Witness evidence working group: proposals for improvement but no radical change

The witness evidence working group has today published its report on the use of factual witness evidence in trials before the Business and Property Courts. The group was set up in 2018 to consider how current practice could be improved in light of concerns among the judiciary and practitioners that witness statements were often ineffective … Read more