Practical Law

HH Judge Pearce’s judgment in Cumbria Zoo Company Ltd v The Zoo Investment Company Ltd is important reading for all those involved in preparing and certifying witness statements. It gives a clear warning about the risks: For a party if it relies on a witness statement that confirms the witness’s understanding that “it is not … Continue reading Witness evidence in 2023: naming and shaming →

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.

Since PD 57AC came into force, there has been a trickle of cases coming through the courts giving guidance on how parties can comply with the new Practice Direction. Greencastle MM LLP v Payne is the latest in this developing line of cases. The High Court has now issued a judgment in which the judge … Continue reading PD 57AC: further guidance and sanctions →

All lawyers know that a thing is not necessarily true because a client or a witness says it. To advise a client, involved in a dispute where there is a conflict of evidence on important issues, we need to know how judges will resolve this conflict. How do they decide which witness is honest and … Continue reading It ain’t necessarily so: identifying reliable evidence in the light of Burgess v Lejonvarn →

The Court of Appeal’s decision in Sony/ATV Music Publishing LLC v WPMC Ltd and another highlights the importance of warning a non-party at the earliest opportunity of the possibility that a costs application may be made against it. The sound of silence was fatal to such an application in Sony.

The decision in Gardiner & Theobald LLP v Jackson is useful for anyone considering retaining an expert on a “no win, no fee basis” in civil litigation, as it sheds further light on the concerns the courts will have when asked to allow such an arrangement.

The test for showing that a respondent to an application for a freezing injunction has assets caught by the order has been “somewhat less than certain”. It has now been clarified by the Court of Appeal, in Ras Al Khaimah Investment Authority v Bestfort Development LLP. I want to look at three practical tips on … Continue reading Practical tips for applicants for freezing injunctions from Ras Al Khaimah Investment Authority and others v Bestfort Development LLP and others →