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In just over a month, major changes will be introduced to the way trial witness statements are to be prepared in the Business and Property Courts. In this alert, we consider the...

Monday, March 8, 2021 In just over a month, major changes will be introduced to the way trial witness statements are to be prepared in the Business and Property Courts. In this alert, we consider the rationale for these changes brought in by Practice Direction 57AC, their scope and some practical implications. Rationale for the Changes There has been significant and increasing judicial criticism of witness statements in recent years. The courts have disapproved of witness statements c...

The guideline levels rise in three-month increments up to 24 months where the maximum £4,215 payout could be received. Those who suffer an injury for between six months and nine months will receive £840 with those suffering between nine months and 12 months being paid over £1,300. Meanwhile, drivers who have an injury for over 12 months but no more than 15 months will be liable for a payout of over £2,000. The new legislation allows for an uplift of 20 percent in “exceptional circumstance...

(a) must be commenced in the High Court at the Royal Courts of Justice; and (b) will be assigned to the Chancery Division, unless it comes within the scope of rule 58.1(2), in which case it will be assigned to the Commercial Court of the Queen’s Bench Division. 2.2 Any party whose statement of case raises an issue relating to the application of Article 81 or 82 of the Treaty, or Chapter I or II of Part I of the Act, must – (a) state that fact in his statement of case; and (b) apply for the ...

PART ONE: GENERAL 1. Application and interpretation 1.1 In this Practice Direction: (1) ‘the Act’ means the Company Directors Disqualification Act 1986 (as amended); (2) ‘the Disqualification Rules’ means the rules for the time being in force made under section 411 of the Insolvency Act 1986 in relation to disqualification proceedings (3) ‘the Insolvency Rules’ means the rules for the time being in force made under sections 411 and 412 of the Insolvency Ac...

The recent case of Hussain v Chowdhury [2020] EWHC 790 (Ch) makes clear that, before giving permission to commence charity proceedings, the courts expect the parties to actively engage with alternative dispute resolution (ADR) procedures in trying to resolve their dispute. Masood Ahmed Charities Act 2011 and CPR Disputes regarding the administration and operation of charities, referred to as ‘charity proceedings’, are governed by the Charities Act 2011. The Charity Commission, attorney gen...

In the media Australian senate endorses news media bargaining code Latest approval takes bargaining code between news media companies and Google and Facebook a step closer to law. Australias controversial and internationally debated News Media Bargaining Code is a step closer to being enacted into legislation following the Senates decision to pass the Media and Digital Platforms Mandatory Bargaining Code Bill 2020 .(12 February 2021). More... Government moving in the right direction on Federal...

In the media Human factor dominates latest data breach statistics Data breaches attributed to human error continue to increase according to the Office of the Australian Information Commissioners latest Notifiable Data Breaches Report. Australian Information Commissioner and Privacy Commissioner Angelene Falk said 38 per cent of all data breaches notified during the period were attributed to human error (28 January 2021). More... A ustralia takes on Google advertising dominance in latest Big Te...

Daily hearings before the Queens Bench Masters.

To embed, copy and paste the code into your website or blog: From April 2021, the way litigators prepare witness statements for trials in the Business and Property Courts will change, with new rules set out in Practice Direction 57AC (PD 57AC). PD 57AC also refers to the guidance in Statement of Best Practice appended. We explore the key changes below. Does PD 57AC apply to my cases? PD 57AC applies to witness statements signed on or after 6 April 2021 for use in trials in the Business and Prop...