Evidence and disclosure

Evidence and disclosure guidance:

What is privilege? The core aim of privilege is to protect the confidentiality of communications between clients and their lawyers. Note that the right belongs to the...

Practice Note

This Practice Note looks at the admissibility of expert evidence under CPR Part 35 and the Civil Evidence Act 1972 (CEA 1972). In particular, it considers whether...

Practice Note

Produced in partnership with Mathew Purchase of Matrix Chambers [DETAILS OF DEPONENT ETC.] IN THE [COURT]Claim no.: [insert claim number] BETWEEN: [Insert claimant’s...

Precedents

When to use an affidavit Affidavits are a means of adducing sworn, written evidence. In certain circumstances, affidavits are required but in general witness statements...

Practice Note

This Practice Note looks at the protection of the identity or anonymisation of a party or a witness in civil litigation proceedings under CPR 39.2(4). It considers when...

Practice Note

Introduction Application notice – Commercial Court (Form N244(CC)) (Word) PDF Format The application in the Commercial Court is made using Form N244CC. Instructions—this...

Precedents

This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your matter is...

Practice Note

This Practice Note considers the deemed authenticity of disclosed documents under CPR 32.19 the burden of proving the authenticity of a document, when to serve a notice...

Practice Note

This Practice Note considers the rules of taking of evidence as they will apply between the UK’s departure from the EU on 31 January 2020 and the end of the...

Practice Note

This Practice Note discusses the impact of Brexit on the general processing of personal data under the General Data Protection Regulation, Regulation (EU) 2016/679...

Practice Note

This Practice Note considers the impact that Brexit will have on obtaining evidence from an EU Member State for use in English court proceedings or providing evidence for...

Practice Note

ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note considers the impact that Brexit will have on obtaining evidence from an EU...

Practice Note

Introduction This Practice Note considers the disclosure pilot scheme which applies across the Business and Property Courts as of 1 January 2019. The disclosure pilot...

Practice Note

This Checklist sets out some of the case management issues to be considered and addressed early in proceedings and before any case management conference (CMC) is held. It...

Practice Note

This practice note examines what a certified copy is, when a certified copy is required, who can certify a document and what format the certification should take, use of...

Practice Note

This Practice Note provides guidance on expert evidence in the Chancery Division under Chapter 17 of the Chancery Guide. In particular, it considers the relevance of...

Practice Note

STOP PRESS: Note that amendments to CPR PD 22 regarding statements of truth will come into force on 6 April 2020. The changes address the issue of cases where a witness...

Practice Note

This Practice Note should be read in conjunction with: • Practice Notes: Expert evidence—general considerations, Applying for permission to adduce expert evidence,...

Practice Note

You will need to use a Part 8 claim form—Form N208. Form N208 PDF Format Close The form should be filled in with the details of the claimant ie your client who is seeking...

Precedents

This Practice Note considers the Closed Material Procedure (CMP) which allows the state to disclose sensitive material to the judge without having to disclose the...

Practice Note

In this Practice Note, we address the courts’ power to manage evidence under CPR 32.1 and, in relation to witness evidence specifically, under CPR 32.2(3). We also look...

Practice Note

In this Practice Note, we identify difficulties which may arise when interviewing or ‘proofing’ witnesses and what approach to take in light of CPR requirements and case...

Practice Note

This Practice Note provides guidance on the menu of disclosure options under CPR 31.5(7) and CPR 31.5(8) which apply to non-personal injury claims proceeding on the...

Practice Note

This Practice Note looks at third party disclosure under CPR 31.17 and CPR 31.18 ie obtaining disclosure of documents from a non-party to the proceedings. Note: you...

Practice Note

This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your matter is...

Practice Note

ARCHIVED: This Practice Note has been archived and is not maintained. A new mandatory two-year disclosure pilot scheme will take place from January 2019 in the Business...

Practice Note