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Witness Statements United Kingdom

Latham & Watkins LLP

High Court Confirms Nuanced Approach to Waiver of Privilege

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A recent decision reminds litigants about the dangers of referring to legal advice in witness statements. The English courts have recently taken an expansive approach in finding waivers of privilege when legal advice is...more

Goodwin

Litigation Insights - July 2021

Goodwin on

FOREWORD - On behalf of the new and expanding Goodwin London litigation team I am delighted to welcome you to our first ever ‘Litigation Insights’: a series of quarterly updates on important and interesting developments...more

A&O Shearman

Reforms to witness statements (PD 57AC): sense, finally, after a century of psychological research; or, a triumph of form over...

A&O Shearman on

In 1995, Elizabeth Loftus and Jacqueline Pickerell published a paper showing that it was possible to implant an entire false memory of something that never happened. In one of the first successful cases of memory...more

K&L Gates LLP

Changes are Coming in Trial Witness Statements in the UK Business and Property Courts

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In just over a month, major changes will be introduced to the way trial witness statements are to be prepared in the Business and Property Courts. In this alert, we consider the rationale for these changes brought in by...more

Latham & Watkins LLP

Don’t Waive Privilege Goodbye: High Court Finds Reliance On Legal Communications Constitutes Waiver Of Privilege

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Litigants should take particular care when drafting witness statements to avoid waiving privilege. In Guest Supplies Intl Limited v South Place Hotel Limited, D&D London Limited[i], the UK High Court held that a reference...more

Hogan Lovells

UK COVID-19: Can the temporary stay on possession proceedings be lifted?

Hogan Lovells on

The Court of Appeal says (almost definitely) no - We have previously blogged about the 90-day stay of all possession proceedings until the end of June, which was brought into force by the courts on 27 March 2020 by the new...more

White & Case LLP

National Bank Trust v Ilya Yurov: "a Ponzi scheme with a fancy name" – Proving Fraud in the English Courts

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National Bank Trust v Ilya Yurov & Ors [2020] EWHC 100 (Comm) provides a useful insight to the English Court's approach to pleading and evidencing fraud, emphasising the importance of properly particularised claims and...more

Latham & Watkins LLP

English High Court: Public Interest Outweighed Confidentiality of Arbitration

Latham & Watkins LLP on

Non-parties are entitled to obtain documents related to an arbitration if the case falls within the “interests of justice” exception. In The Chartered Institute of Arbitrators v B, C and D, the English High Court granted...more

Hogan Lovells

Uber London Ltd. v Transport for London

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Hogan Lovells is acting for Uber in Uber London Ltd. v Transport for London. Below are Uber's witness statements from yesterday's hearing at Westminster Magistrates Court....more

A&O Shearman

Using documents previously disclosed in earlier litigation

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The restrictions on the collateral use of documents previously disclosed in separate litigation have recently come under the judicial spotlight. The word ‘use’ has been defined extremely broadly to cover even the act of...more

A&O Shearman

Foreign request for legal assistance disclosable

A&O Shearman on

The appellant companies successfully sought inspection of a mutual legal assistance request from the U.S. Department of Justice to the National Crime Agency (NCA) to obtain a prohibition order from an English court on the...more

Dorsey & Whitney LLP

Is Evidence of Confusion Really Necessary to Succeed in a Trademark Infringement Case?

Dorsey & Whitney LLP on

It is not every day that a massive international TV hit show is found to infringe a trade mark. A decision of the English High Court, approved recently by the Court of Appeal, held that the popular 20th Century Fox teenage...more

Thomas Fox - Compliance Evangelist

Good Bye To Peter O’Toole And The SFO Prosecution Of Victor Dahdahleh

Last week, before O’Toole passed away, the UK Serious Fraud Office’s prosecution of Victor Dahdahleh also died when the SFO notified the Court that it did not believe a guilty verdict was possible due to some very odd in...more

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