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08 November 2018 / John A. Kimbell KC
Issue: 7817 / Categories: Features , Procedure & practice
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The pen: mightier than the word?

John A. Kimbell QC considers a new review of the rules on witness evidence in the Business & Property Courts

  • While the primacy of live oral evidence has remained unchallenged in criminal trials, in civil proceedings oral evidence has to a large extent been replaced by written witness statements. Is this about to change in the Business and Property Courts?
  • With witness statements routinely bearing little or no resemblance to what the witness would actually say in person, and the advent of cost budgeting shedding new light on the high cost of preparing witness statements, a review has been called for seeking possible improvements.

Last month saw the launch of a survey on how factual witness evidence is handled in the Business and Property Courts. The survey is part of a review being carried out by a working party, led by Mr Justice Popplewell. The working party contains representatives from industry, the judiciary, the arbitration community and the legal professions. The aim of the review is gather the

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NEWS
The government will aim to pass legislation banning leasehold for new flats and capping ground rent, introducing non-compulsory digital ID and creating a ‘duty of candour’ for public servants (also known as the Hillsborough law) in the next Parliament

An Italian financier has lost his bid to block his Australian wife from filing divorce papers in England on the basis it was no longer her domicile of choice

Reforms to the disclosure regime in the business and property courts have not achieved their objectives, lawyers have warned
The Law Society has urged ministers to hold a public consultation on the use of artificial intelligence (AI) in the justice system as a whole
Ministers have proposed bringing inquest work under a single fee scheme for legal help and advocacy legal aid work
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