Evidence
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 … Continue reading
Commercial Court considers principle that “there is no property in a witness”
The Commercial Court has held that it may be a contempt of court for a party to litigation to seek to prevent a witness or potential witness from attending an interview with the opposing solicitor, and this applies to both witnesses … Continue reading
Court of Appeal confirms Norwich Pharmacal orders cannot be used to obtain evidence for foreign proceedings
The Court of Appeal has confirmed that the English courts do not have jurisdiction to make a Norwich Pharmacal order that evidence be produced for use in foreign criminal proceedings: R (on the application of Omar) v Secretary of State for … Continue reading
Filed under Disclosure, Evidence, Judgments/Orders
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 … Continue reading
Filed under Confidentiality, Evidence
Norwich Pharmacal orders cannot be used to obtain evidence for foreign proceedings
The High Court has held that the regime for compelling evidence, as distinguished from information, for use outside of the jurisdiction is exclusively statutory. Accordingly, a Norwich Pharmacal order cannot be used to order the provision of evidence for foreign … Continue reading
Filed under Disclosure, Evidence, Judgments/Orders
Litigation from a client’s perspective: top tips from the advocacy unit
On 21 March Murray Rosen QC, head of Herbert Smith’s Advocacy Unit, together with support lawyers Pamela Kiesselbach and David Phillips, presented a webinar entitled ‘Litigation from a client’s perspective: top tips from the advocacy unit’. Murray, Pamela and David … Continue reading
Filed under Disclosure, Evidence, Experts, Privilege, Settlement
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 … Continue reading
Filed under Evidence
Webinar alert – Conducting litigation from the client’s perspective: top tips from the Advocacy Unit
On Wednesday 21 March (12:45 to 1:45 UK time) Murray Rosen QC, David Phillips and Pamela Kiesselbach will present a live audio webinar which will provide a practical overview providing tips for clients and in-house counsel on how to approach and conduct litigation, looking at … Continue reading
Filed under Announcements, Disclosure, Evidence, Experts, Pre-action, Settlement
Non-party access to witness statements and skeleton arguments
Two recent cases have considered the circumstances in which non-parties can gain access to certain court documents.
Filed under Confidentiality, Evidence
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 … Continue reading
Filed under Evidence, Statements of case
