Proposed new rule would radically expand public access to court documents

The Civil Procedure Rule Committee is consulting on a revised rule 5.4C which, as currently drafted, would lead to parties’ witness statements, expert reports and skeleton arguments becoming public at a much earlier stage of proceedings than is currently the case. While it is clearly important that the press and the public should have appropriate access … Read more

Commercial litigation podcast series – Episode 22: General update

In this 22nd episode of our series of commercial litigation update podcasts, we look at some recent developments relating to enforcement of judgments, litigation funding and class actions as well as an important Court of Appeal decision on ADR that came out in late November, and a couple of interesting recent decisions on exclusion clauses … Read more

Supreme Court finds court must generally accept uncontroverted expert evidence

A Supreme Court decision handed down last week establishes that the general rule in civil cases is that a party who submits that the court should not accept an opponent’s witness evidence on a material point must challenge that evidence by cross-examination – whether it is factual or expert evidence, and regardless of whether the … Read more

Expert witnesses: High Court grants permission for change of experts on condition of disclosure of certain documents prepared by the experts or recording their views

A recent decision illustrates how the court will exercise its discretion in considering whether to grant permission to substitute a new expert, and whether to require the disclosure of draft reports and other documents as a condition of granting permission: Avantage (Cheshire) Ltd v GB Building Solutions Ltd [2023] EWHC 802 (TCC). It is well … Read more

Commercial litigation podcast series – Episode 9: General update

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