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Dispute Resolution Law Blog

10 May 2024

Dying matters week – A day in court is not always the best option

The last thing someone usually needs when dealing with the death of a loved one is to face a legal dispute involving members of their family. Further, the prospect of family members in conflict is unlikely to be what anyone wants to happen after they pass away.

Anna O’Carroll

8 May 2024

Lying in a witness statement – Contempt of court and custodial sentences

A solicitor must advise their clients of the potential implications of signing a document verified by a statement of truth, without believing that the information contained in it is true, including the risk of being found to be in contempt of court. 

Phoebe Alexander

30 April 2024

Witnesses with capacity issues – Obtaining the best evidence

Witness evidence is key to the outcome of many civil cases. While difficulties can arise in obtaining evidence when it appears that a witness in the proceedings may be suffering from mental capacity issues, this does not necessarily mean that they cannot provide evidence at all. 

Anna O’Carroll

24 April 2024

Witness Statements under PD 57AC – The court’s approach to non-compliance

In April 2021, CPR Practice Direction 57AC (PD57AC) was introduced in the Business and Property Courts to address concerns that trial witness statements were too long and were being used for legal argument and to reproduce long sections of text, rather than reflecting the witness’ own evidence. 

Filton Pavier

23 April 2024

How to avoid a professional negligence claim

Professional negligence claims against accountants are on the rise, as for other professionals, partly owing to the recent growth of litigation funding options for potential claimants. We can expect such claims to increase yet further during a recessionary environment with administrators looking to clawback some value for distressed estates and assets.

Jemma Brimblecombe

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