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CIVIL EVIDENCE WHITE PAPER 2014 FROM SWEET & MAXWELL With a number of important developments taking place throughout the year in the area of evidence and e-disclosure, leading authors in civil practice consider cutting-edge topics. Hodge Malek QC and Saima Hanif of ThirtyNine Essex Street consider Hoyle v Rogers on pre-existing official reports and whether the CPR Pt 35 regime applies, and Peter Hibbert reviews CBS Butler Ltd. v Brown in the context of the principles set out by Lord Justice Hoffman in 1989 in Lock v Beswick. • Pre-existing official reports – does the CPR Pt 35 regime for expert reports apply? (Malek & Hanif) • E-disclosure – Accessing the opponent’s computer database (Hibbert)
CASES OF NOTE In terms of recent decisions, the following are of note: • Mid-East Sales Ltd v Engineering & Trading Co. PVT Ltd (2014) – the High Court found that D had waived LPP by citing legal advice in its witness evidence • Tchenguiz v Director of the Serious Fraud Office [2014] EWCA Civ 136 (CA (Civ Div) – the scope of litigation privilege • Luckwell v Limata [2014] EWHC 536 (Fam) – the Court gave guidance on the circumstances in which, in civil proceedings, witnesses can be excluded from parts of the trial • Brownlie v Four Seasons Holdings Inc. [2014] EWHC 273 (QB) – offers a reminder of the Court’s power to prevent the use of defective witness statements