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ARTICLE · 23 SEPTEMBER 2022

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Courts Continue To Deter Satellite Litigation On Witness Statements

Despite having broad case management powers in respect of trial witness statements that do not comply with the procedural rules, judges are notably unwilling to impose the more draconian sanctions available to them.

United KingdomLitigation, Mediation & Arbitration

Despite having broad case management powers in respect of trial witness statements that do not comply with the procedural rules, judges are notably unwilling to impose the more draconian sanctions available to them. This week, in McKinney Plant & Safety Ltd v The Construction Industry Training Board1, a claimant who had committed multiple breaches of the rules and had exacerbated those breaches by being entirely dismissive of the defendant's objections, escaped with a relatively lenient adverse costs order.

The Practice Direction

Practice Direction ('PD') 57AC, which came into force last year, sets out detailed provisions regarding the preparation and content of trial witness statements.

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