Evidence

A stark reminder of the restrictions on collateral use of disclosed documents, including information derived from them

The High Court has delivered a strong message as to the need for litigants to appreciate the rules relating to collateral use of disclosed documents, under CPR 31.22: The Ecu Group Plc v HSBC Bank Plc [2018] EWHC 3045 (Comm). … Continue reading

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Filed under Disclosure, Evidence

Witness evidence working group: survey on current rules and some radical alternatives

A working group was set up earlier this year, led by Mr Justice Popplewell, to review the current rules and practice and make recommendations for potential reform of the procedures for factual witness evidence in the Business and Property Courts … Continue reading

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Filed under Announcements, Evidence

Service Regulation and Taking of Evidence Regulation will cease to apply post-Brexit

The government has published a draft statutory instrument, the Service of Documents and Taking of Evidence in Civil and Commercial Matters (Revocation and Saving Provisions) (EU Exit) Regulations 2018, which will mean that the EU Service Regulation (1393/2007) and Taking … Continue reading

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Filed under Evidence, Service

Court of Appeal applies rigorous approach to assessing purpose element of claims to set aside transactions defrauding creditors

Despite evidence that a defendant knew he was facing potential proceedings which could bankrupt him, at the time he transferred assets to his son, the Court of Appeal held that this was not sufficient to find that the transfer was … Continue reading

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Filed under Evidence, Miscellaneous, Remedies

High Court finds strike out of response to unfair prejudice petition does not automatically entitle petitioner to relief

In a recent judgment, the High Court has considered the extent to which petitioners in relation to unfair prejudicial conduct of a company’s affairs can obtain relief simply on the basis that a respondent’s defence has been struck out: Re … Continue reading

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Filed under Evidence, Interim applications, Judgments/Orders, Remedies

Court of Appeal considers when court can use hindsight in assessing damages for “loss of a chance”

The Court of Appeal has considered the proper approach to awarding damages for the loss of a chance where a claimant has been deprived of a claim in litigation because of its lawyers’ negligence. It held that when courts value … Continue reading

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Filed under Evidence, Remedies, Tort

High Court refuses non-party access to witness statements prepared for trial and referred to at pre-trial hearing

The High Court has refused an order allowing The Sunday Times to obtain access, in advance of a trial, to witness statements prepared for that trial, even though the statements had been placed before the judge and referred to at … Continue reading

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Filed under Confidentiality, Evidence

High Court takes strict approach to when permission needed for collateral use of documents disclosed in proceedings

The High Court has recently considered the restrictions on collateral use of documents and witness statements disclosed in proceedings, and has provided guidance on what constitutes "use" in this context: Robert Tchenguiz and Another v Grant Thornton UK LLP and … Continue reading

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Filed under Disclosure, Evidence

Payments to witnesses contingent on outcome of litigation were contrary to public policy but did not result in strike-out

The High Court has found that agreements entered into by a successful claimant to make payments to witnesses contingent on the success of the litigation were contrary to public policy and should not have been made. However, in the circumstances … Continue reading

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Court of Appeal clarifies when court will allow inspection of documents mentioned in witness statement or statement of case

In a recent decision, the Court of Appeal has clarified the approach to be taken in determining whether the court should allow inspection of a document "mentioned" in a witness statement or statement of case: Blue Holdings (1) PTE Ltd & … Continue reading

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Filed under Confidentiality, Disclosure, Evidence, Statements of case