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Charles Russell Speechlys | United Kingdom | 8 Jun 2022

Witness evidence: when are witness summaries permitted instead of witness statements and when should material be struck out from a witness statement?

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…
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RPC | United Kingdom | 7 Jun 2022

"Legal minefield" of witness statements for multilingual witnesses under PD32 and PD57AC

The High Court recently considered the difficulties that arose when a witness provided written statements in English but in practice spoke a mix of two languages and gave evidence through an interpreter. Ultimately, despite expressing reservations about choosing English for the written statements, when seen in the context of cross-examination, the Court found that the choice of language for......
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Shoosmiths LLP | United Kingdom | 1 Jun 2022

To answer or not to answer, that is the question

Using evidence given at the UK COVID-19 Inquiry in later criminal or other proceedings The Chair of the UK COVID-19 Inquiry, the Rt Hon Baroness…
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Rubin Thomlinson LLP | Canada | 25 May 2022

Two times a charm: Why we conduct follow-up interviews in our workplace investigations

I recently conducted a workplace investigation that included an allegation that an internal workplace investigation was unfair. Several witnesses who…
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Ogier | Jersey | 14 Apr 2022

Snapshot: witnessing powers of attorney via electronic means in Jersey

Powers of attorney (PoA) are commonly used in private equity transactions due to the operational efficiencies that they can create. However, the move towards electronic signatures has raised questions regarding how the witnessing requirement, relevant where the PoA is granted by an individual, may be met in a remote signing context. Jersey's recently amended Electronic Communications (Jersey)......
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Cecil Abraham & Partners | Malaysia | 31 Mar 2022

Conducting arbitration in Malaysia: taking of evidence

The arbitral tribunal normally decides on the issues of relevance, admissibility and the weight to be attached to the evidence tendered at the hearing. As the tribunal is not bound by the general rules of evidence, most tribunals, in practice, adopt a flexible approach to the admissibility of evidence that may genuinely assist them in determining the dispute. This article is part of a series......
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RPC | United Kingdom | 8 Feb 2022

Witness statements under PD57AC: court once again wields red pen

The High Court recently held that several excerpts of a witness statement did not comply with the new Practice Direction (PD) 57 AC and struck them out, effectively ordering a redrafted witness statement to be filed. The warning is clear to litigants and practitioners alike: witness statements must follow PD 57 AC and be confined to evidence of fact.
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RPC | Hong Kong | 23 Nov 2021

Letter of request to mainland judicial authority did not extend to cross-examination of witness

In a recent case, the High Court considered whether to issue a letter of request to the courts of mainland China to take evidence from the defendant in the mainland, including his cross-examination by video conferencing, for the purpose of civil proceedings in Hong Kong. In deciding whether to issue a letter of request, the Court must have regard to the mutual arrangement for taking evidence......
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RPC | United Kingdom | 16 Nov 2021

High Court clarifies new witness evidence rules and requirement for list of documents under PD 57AC

The recent decision in Mansion Place Ltd v Fox Industrial Services Ltd is the first to give substantial guidance on the new witness statement rules under Practice Direction 57AC. This decision provides clarity that witness statements only need to list documents used to refresh the witness's memory. This resolves the debate of whether client witnesses, who may have seen documents throughout......
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RPC | United Kingdom | 12 Oct 2021

Choose your words wisely: waiving privilege in witness evidence

In a cautionary tale for litigators, the High Court recently ordered the disclosure of the privileged notes of a conversation after a witness referred to the conversation in his witness statement. This decision serves as a valuable reminder of the risk of waiving privilege when relying upon privileged material in statements of case or witness statements. Litigators must also consider......
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