Blog
Private prosecutions – A route to justice for the charity sector
Sophie Tang
6 August 2025
Privilege update: Privy Council confirms the shareholder principle no longer applies in England & Wales
We have previously written about the potential death of the shareholder principle in our previous blogs. The recent Privy Council decision in Jardine Strategic Limited v Oasis Investments II Master Fund Ltd & Ors No 2 confirms what we suspected; the shareholder principle no longer exists in England & Wales.
31 July 2025
Oral Evidence Series Part 5: How Does Oral Evidence Differ in Arbitration Proceedings compared to Court?
We all know that arbitration and litigation are governed by different rules which dictate the way disputes are dealt with and the way that hearings proceed. One perhaps surprising difference, however, is the approach to oral evidence.
24 July 2025
Oral evidence part 4: Issues with expert evidence
Issues with expert evidence can have a profound impact on the credibility of a party’s case, and consequently the likelihood or not of a party succeeding at trial. In this article we discuss some recent case law which highlights the need for parties to carefully comply with their procedural obligations regarding expert evidence, namely Part 35 of the CPR (“Part 35”) and the accompanying Practice Direction, to avoid such risks.
17 July 2025
Oral evidence part 3: What is the role of a liquidator in giving evidence?
One of the key duties of a liquidator is to investigate the affairs of the insolvent company to determine whether its demise resulted from the acts (or omissions) of its directors or third parties against whom claims may be brought to obtain redress for losses suffered by the Company. This article focuses on claims initiated by the liquidator themselves, whether on their own behalf or on behalf of the company, and considers the weight that will be given to the liquidator’s evidence.
10 July 2025
Oral evidence part 2: What if a witness doesn’t turn up to court?
Where a party wishes to rely on a witness statement at trial, Civil Procedure Rule (CPR) 32.5 provides that they must call the witness to give oral evidence unless the court orders otherwise, or notice is provided of the intention to rely on the statement as hearsay evidence.
One of the issues that may arise during litigation is a witness failing to turn up at court to give evidence.
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