Evidence and disclosure

Featured guidance
Evidence and disclosure guidance:

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

[DETAILS OF DEPONENT ETC.] IN THE [COURT]Claim no.: [insert claim number] BETWEEN: [Insert claimant’s name] Claimant AND [Insert defendant’s name] Defendant...

Precedents

Impact of coronavirus (COVID-19) on affidavits The social distancing required as a result of the coronavirus pandemic is likely to have a significant impact on parties’...

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 The application in the Commercial Court is made using Form N244CC. Application notice – Commercial Court (Form N244(CC)) (Word) PDF Format WARNING: Note that...

Precedents

This Practice Note looks at the process of seeking the court’s permission to adduce expert evidence under Part 35 of the CPR and provides guidance on what to consider...

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

STOP PRESS: On 16 July 2020 the Court of Justice ruled in Facebook Ireland and Schrems, Case C-311/18 that the Privacy Shield was invalid. It also made further rulings...

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

This Practice Note provides guidance on witness statements and factual evidence for use at trial in the Chancery Division under Chapter 19 of the Chancery Guide. In...

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 WARNING: Note that the official court forms have not yet been updated to reflect changes to...

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

This Practice Note considers costs recovery when dealing with proceedings under the disclosure pilot scheme found in CPR PD 51U. The pilot scheme, in force from 1 January...

Practice Note

This Practice Note sets out a selection of illustrative cases from January 2019 relevant to the disclosure pilot scheme in the Business and Property Courts governed by...

Practice Note

This Practice Note should be read in conjunction with Practice Notes: • Disclosure—the application for specific disclosure • Specific disclosure—the courts' approach What...

Practice Note

This Practice Note provides guidance on what, if any, collateral or subsequent use can be made of documents disclosed during the course of civil proceedings. This is...

Practice Note
Trending Topics
Scottish Law In-House COVID-19