Over a year in, there has been guidance emerging from the courts, at first instance, as to the approach to taking witness statements under the new PD 57AC. There are five key points that are worth highlighting.
REUTERS | Marcos Brindicci
September 14, 2022
Witness evidence: what’s new in 2022
REUTERS | David Mercado
September 12, 2022
Guideline hourly rates: are they now tramlines?
It has been observed that guideline hourly rates are just that – guidelines and not tramlines; in other words the courts are free to depart from them.
That view is now barely sustainable following a number of recent decisions, including two in the Court of Appeal.
REUTERS | Luis Echeverria
September 7, 2022
Legal professional privilege: 2022 so far
Recent years have seen the English courts make a number of significant rulings in the law governing the application of legal professional privilege.
Whilst the pace slowed slightly this year, 2022 has seen the courts hand down interesting decisions concerning: the use of privileged documents lawfully obtained in foreign proceedings; the privilege attaching to the identity of individuals instructing a solicitor; the specificity required for a claim to be reasonably in contemplation; the limits of without prejudice privilege; and the use of privileged documents by a solicitor in litigation against their former client (technically a 2021 case, but delivered shortly before the winter holiday and interesting enough to justify inclusion).
This post provides an overview of the most important privilege decisions so far this year, noting the key takeaways for practitioners.
