- CPR PD57AC does not affect existing rules on admissibility of evidence (Mad Atelier International v Manes)
- What are the practical implications of this case?
- What was the background?
- What did the court decide?
- Case details
Dispute Resolution analysis: This is the first judicial analysis of the new practice direction on trial witness statements (CPR PD57AC). The applicant did not succeed in striking out parts of certain witness statements on grounds that they were opinion evidence and/or did not comply with CPR PD 57AC. The court found that CPR PD 57AC does not create a new rulebook for analysing admissibility of witness evidence. There are particular circumstances where a witness of fact can give opinion evidence: this can be where they have relevant expertise, where the witness is giving their opinion on a hypothetical counterfactual scenario and/or in the context of quantum. The court will take a flexible approach to considering admissibility, and will consider whether the opinion evidence can assist the court in assessing documentary or expert evidence before the court. Written by James Lancaster, managing associate at Trowers & Hamlins LLP.
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