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

Obtaining evidence from US-connected entities – US court widens the scope

The US Court of Appeals for the Second Circuit has handed down a decision that potentially increases the scope for parties in non-US legal proceedings to use the US courts to access evidence held by US-connected entities, even if that evidence is not located in the US: Re Application of Antonio Del Valle Ruiz 18-3226 … Read more

A no-deal Brexit: The implications for disputes

As we approach the deadline of 31 October, it is difficult to predict what will happen. But the prospect of a no-deal Brexit – either then or at some later date – remains a very real possibility. In this blog post we consider the implications of such an outcome for commercial litigation involving the English … Read more

Court of Appeal reiterates limited scope for reference to pre-contractual material when interpreting contracts

A recent Court of Appeal decision has illustrated the strict operation of the common law rule against relying on evidence of pre-contractual negotiations to interpret contracts. The decision confirms that, while it is permissible for a court to take into account pre-contractual material for the limited purpose of understanding the genesis and commercial aim of … Read more