The Civil Procedure Rule Committee has approved a number of new jurisdiction gateways in PD 6B, as well as amendments to existing gateways, aimed at filling in perceived gaps in the current rules or, in some cases, clarifying their meaning. The changes are expected to come into effect in October this year and some of the key changes are summarised in brief below.
Background
In the matter of Bahia v Sidhu and another, the High Court presided over a partnership dispute where there was a question raised as to which language witness statements should have been prepared in. A witness, Mr Bahia, appeared not to be fluent in English, which resulted in submissions that there had been a breach of the relevant practice directions and failure to follow the Chancery Guide on the preparation of witness statements.
The libel case brought by Rebekah Vardy against Coleen Rooney has made the headlines following a ‘sting-operation’, in which Mrs Vardy is accused of being responsible for leaking stories to the press about Mrs Rooney’s private life.
The recent pre-trial review in Vardy v Rooney serves as a useful reminder that parties cannot simply serve witness summaries in place of witness statements. Where a party is unable to obtain a witness statement for use at trial, they must obtain permission from the court to be able to serve a witness summary instead. In addition, the court ordered the removal of certain material from Mrs Rooney’s witness statement.
