3 May 2018
Digitising disputes – 12 of 14 Insights
Rethinking witness evidence in commercial trials
Last year, we wrote an opinion piece for The Lawyer in which we explained the problems that we saw with the current system of factual witness evidence in commercial disputes.
We suggested that more thought be given to alternative approaches (such as the use of shorter witness summaries with greater evidence in chief on certain issues raised in a summary) and that perhaps a "menu" of evidence options (similar to the menu of disclosure options implemented following the Jackson reforms) should be considered.
It appears that the courts are now taking note of the problems with the current system. At a recent meeting of the Commercial Court Users' Group, the creation of a working party to consider the problems with witness evidence and the possible solutions or improvements (including a menu of options) was endorsed; the minutes of the meeting are available online.
It will be interesting to see how the working party that is to be established takes matters forward. We will let you know of developments.
Find out more
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In this series
Sidebar – Season 1 box set
The Future of Litigation
4 May 2021
by Multiple authors
The Future of Litigation – Episode 6
What does evidence look like in the digital age?
20 April 2021
The Future of Litigation – Episode 4
The impact of technology on litigation funding
23 March 2021
The Future of Litigation – Episode 2
The case for case prediction
23 February 2021
The Future of Litigation – Episode 1
Hearings in a remote world
9 February 2021
Connected cars, cyber security and data protection challenges
9 December 2020
Law Commission report on electronic execution of documents
18 September 2019
Electronic signatures: an attempt to renege on a contract using formalities
21 October 2019
The next instance? Artificial intelligence meets litigation in the UK
16 May 2019
