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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…
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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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Herbert Smith Freehills LLP | European Union, United Kingdom | 31 May 2022

Court finds error of law in code amendment

In R (on the application of SSE Generation Ltd) v Competition and Markets Authority [2022] EWHC 865 (Admin), the Court found an error of law on the…
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Gatehouse Chambers | United Kingdom | 26 May 2022

When your expert report, isn’t. The decision in Pal v Damen (2022)

It is easy to be lulled into a false sense of security that the formal requirements for an expert report, as set out in CPR 35.10, Practice Direction…
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Gatehouse Chambers | United Kingdom | 26 May 2022

Set off to get lift off: changes to the QOCS regime

In a newly published consultation by the Civil Procedure Rules costs sub-committee, the Government is proposing changes to the QOCS regime that will…
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RPC | United Kingdom | 3 May 2022

Irrelevant to any issue in the proceedings? High Court orders complete re-review of party's redactions under disclosure pilot scheme

In a recent judgment, the High Court reiterated the test that a party must meet in order to redact documents under the disclosure pilot scheme (Practice Direction 51U), emphasising that a party can only redact material that is irrelevant to all of the issues in the proceedings, not just to the issues for disclosure.
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Appleyard Lees | United Kingdom | 11 Apr 2022

Mediation #1: An alternative to litigation?

Many businesses, large and small, are often faced with the problem as to how to deal with a dispute regarding their intellectual property rights, or…
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Stevens & Bolton LLP | United Kingdom | 21 Mar 2022

Patisserie Valerie's application under the Disclosure Pilot proves to be far from a cakewalk

In a judgment given in November last year in the case of Patisserie Holdings PLC (in liquidation) and others v Grant Thornton UK LLP [2021] EWHC 3022…
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RPC | United Kingdom | 1 Mar 2022

Court of Appeal issues "clear message" that those who breach embargoes on draft judgments risk contempt proceedings

In only the third judgment ever to consider the issue, the Court of Appeal has issued a stark reminder that court users should take care to observe any embargo over a draft judgment or else face the possibility of proceedings for contempt of court. In its judgment, the Court also provided useful guidance on the permissible uses of draft judgments.
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DAC Beachcroft | United Kingdom | 17 Feb 2022

Admit in haste: Repent at Leisure

While there are significant benefits in making early admissions of liability, the limiting of costs being the most obvious, there are dangers of…
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