11 March 2020
Disputes Quick Read – 49 of 68 Insights
Disputes Quick Read: A different approach to witness evidence
The working group set up to consider improvements to the giving of factual evidence in the Business and Property Courts has recently published its report. It has recommended some changes to current practice – largely directed at ensuring compliance with existing rules – but no radical reforms. We think that an opportunity has been missed.
It seems to us that witness statements are too long and too expensive, while the system of cross-examination can mean that witnesses do not get a fair opportunity to tell their story at trial.
The working party has suggested some evidence in chief in appropriate cases using the court's existing powers (provided that the issues to be addressed are already covered in a witness statement or, at least, a witness summary), but we don't think that goes far enough.
We would welcome a system of (much shorter) witness summaries. These summaries would cover the headline factual points. A witness would then have the chance to give some evidence in chief, before cross-examination.
This might not be suitable for every case, but could be part of a menu of options. The majority of the respondents to the working party's survey were not keen on a menu approach. Perhaps it should be revisited.
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Disputes Quick Read: Judicial Review and Courts Act 2022 – now in force
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Disputes Quick Read: ClientEarth v Shell – climate change litigation shifts focus to UK companies
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Disputes Quick Read: High Court rules that failure to provide adequate data security is not a positive act
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Disputes Quick Read: Judicial Review and Courts Bill – unpacking the UK government's proposed amendments
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Disputes Quick Read: Freezing injunctions – maximum custodial sentence imposed for breach
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Disputes Quick Read: Will the courts change forever post-COVID?
26 May 2021
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Disputes Quick Read: Not your prerogative – the Independent Review of Administrative Law reports its recommendations on judicial review
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Disputes Quick Read: Amendments to the Disclosure Pilot Scheme – a step in the right direction
31 March 2021
Disputes Quick Read: UK Supreme Court rules on the territorial extent of the SFO's powers
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Disputes Quick Read: No dropping anchor – parent company liability for environmental claims
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Disputes Quick Read: COVID-19 and supply chain disruption – key issues
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Disputes Quick Read: UK's OFSI fines Standard Chartered Bank £20 million for sanctions breaches
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Disputes Quick Read: Commercial Court's arbitral power shift
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