2,324 results found
Edmonds, Marshall, McMahon | United Kingdom | 20 Oct 2023
Snapshot: Absent Witnesses
No one working in the Criminal Justice system was surprised, back in June of this year, to learn that 10% of the Crown Court backlog had been delayed…
Burges Salmon LLP | United Kingdom | 2 Aug 2023
Wishful thinking in litigation
We have all heard the expression "wishful thinking", but the recent decision of Old Park Capital Maestro Fund Ltd [2023] EWHC 1886 (Ch) (27 July…
Clayton Utz | Australia | 9 May 2023
"Logically, ethically and grammatically wrong": Federal Court cautions use of direct speech in witness evidence
How witnesses give evidence of conversations might change, if the Federal Court's critique is taken up by other courts. Since the mid-1990s, New…
Hill Dickinson | United Kingdom | 22 Feb 2023
Reasonable adjustments for witnesses - Our role and practical solutions
The courtroom can cause anxieties and stresses for all involved, however this is often heightened for those living with disabilities such as hearing…
RPC | United Kingdom | 3 Jan 2023
Clements v Frisby: unintentional waiver of privilege and its scope
🕑 7 minutes In Clements v Frisby, His Honour Judge Cawson KC granted a disclosure application on the basis that the claimant had waived privilege by referring to legal advice in a witness statement. This case does not depart from established case law regarding the waiver of privilege. However, the case clearly shows that the court will take a fact-specific approach to the distinction between......
Lewis Silkin LLP | United Kingdom | 2 Nov 2022
Privacy and publicity: seeing justice done in the Employment Tribunal
🕑 20 minutes In the Employment Tribunal (ET), open justice is the default. This is reflected in the ability of the public to attend many types of hearings, view documents and find out about the outcome reached at the end of the process. However, this openness is not always welcome for the parties. This article looks at the points during the ET process where information about a case and the......
Rubin Thomlinson LLP | Canada | 18 Oct 2022
You got this: How workplace investigators can handle interview anxiety
Interviewing parties and witnesses for workplace investigations is one of the most interesting parts of being a workplace investigator. Interviews…
RPC | United Kingdom | 11 Oct 2022
Not mere "nit-picking" – indemnity costs awarded for serious breaches of trial witness statement rules under PD57AC
🕑 5 minutes In the recent judgment in McKinney Plant & Safety Ltd v Construction Industry Training Board, the High Court has reiterated the importance of compliance with Practice Direction 57AC, which applies to trial witness statements in the business and property courts. The Court determined, as a result of a party's serious non-compliance, as well as its refusal to engage with the issue......
RPC | Hong Kong | 19 Jul 2022
Application for letter of request for witness in mainland China to give evidence dismissed
In Bold Shine Investment Ltd v Tsuim the Court of First Instance of the High Court dismissed the plaintiff's application for a letter of request to be issued to a court in mainland China so that their witness (who was detained there) could give evidence at trial in Hong Kong. The witness had already provided a witness statement and the Court did not consider that it or the parties would be in......
Walker Morris LLP | United Kingdom | 20 Jun 2022
Challenges to trial witness evidence under PD 57AC: A game changer
Zurich was ordered to pay 75% of the claimants’ costs on the indemnity basis after it applied to strike out the entirety or parts of 33 of the…
