Archives: Procedure

This category can only be viewed by members.

Witness statements – big changes

April 2021 | Procedure

Practitioners using the Business and Property Courts (BPR) must prepare for changes to the requirements for witness statements which will be introduced on 6 April 2021. The practice direction is made under rule 57A.3 and concerns witness statements made for use in the BPC and applies to new and existing proceedings, but only to trial …

This article is only available to subscribers.

Witness statements – disclosed in error

April 2021 | Procedure

The HC heard an interesting case involving an application for permission to use the contents of four witness statements which would otherwise have been the subject of privilege, but which had been inadvertently disclosed by the claimant’s solicitors in their list of documents. The HC set out the accepted position for the party which wishes …

This article is only available to subscribers.

Trial adjournment – last resort

March 2021 | Procedure

In a recent case the HC considered whether a clinical negligence trial should be adjourned on the basis of lack of availability of counsel. The claimant had suffered serious life-changing injuries in 2012. Liability and causation were admitted in 2019. The trial was simply to deal with the dispute as to quantum of damages. The …

This article is only available to subscribers.

CPR – moved

March 2021 | Procedure

Litigation practitioners will no doubt be all too painfully aware of the move of the Civil Procedure Rules from the justice.gov.uk website into the gov.uk website. Civil, family and criminal law content was all moved, to the general criticism and dissatisfaction of those who have used it thus far. Commentators observe that navigating around the …

This article is only available to subscribers.