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

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 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

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

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

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

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