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.

Introduction The Court of Appeal handed down its much-anticipated decision in Philipp v Barclays Bank UK plc on 14 March 2022. The decision is essential reading for anyone with an interest in the “Quincecare” duty of care (derived from Barclays Bank plc v Quincecare Ltd), which requires a bank to exercise reasonable care and skill … Continue reading The latest chapter for the Quincecare duty: Philipp v Barclays Bank UK plc →

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 →