Trial Witness Statements in the Business and Property Courts – One Year On

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On 6th April 2021, the 127th Update to the CPR inserted a new Practice Direction 57AC which overhauled the regime for trial witness statements in the Business and Property Courts. The stated purpose was to address a culture where statements had become too lengthy, argumentative and “over lawyered”.

This seminar will provide an overview of the new rules and look at how they have been applied in practice. It will also review some of the reported cases and consider whether the rules have achieved their stated purpose.

Agenda

• A summary of the rules and when they apply
• Some points of best practice
• Guidance from the Courts:
• Mansion Place Ltd v Fox Industrial Services Ltd [2021] EWHC 2747 (TCC)
• Blue Manchester Ltd v Bug-Alu Technic GMBH [2021] EWHC 3095 (TCC)
• Prime London Holdings 11 Ltd v Thurloe Lodge Ltd [2022] EWHC 79 (Ch)