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Building Voices is a new podcast series that focuses on the topical issues impacting dispute resolution and dispute management in the construction and infrastructure industries, as well as general developments across these sectors. The series is hosted by members of our ICE Disputes Team (Frances Gordon-Weeks, Conor Rodgers, Emma Hutchinson, Anne Thompson, Emily Newey and Jane Fender-Allison) and features a range of guest speakers including internal CMS market-leading lawyers, as well as external Counsel and industry experts.
Episodes
Thursday Dec 23, 2021
Episode 11 - Witness statements and Practice Direction 57AC: Can I get a witness?
Thursday Dec 23, 2021
Thursday Dec 23, 2021
Podcast number 11 in the CMS ICE Disputes Building Voices podcast series is a review of the recent changes to witness statements coming from Practice Direction 57AC and in particular the guidance given in Blue Manchester Ltd V BUG-Alu Technic GmbH [2021] EWHC 3095 (TCC), one of the first cases to look at the changes and requirements of the new Practice Direction in detail. This Practice Direction and the case are important for anyone involved in the process of witness statements, either taking them or giving them.
The podcast covers:
- the six key principles to take away from the case;
- the new limited role of documents in witness statements;
- the approach of the judge in Blue Manchester Ltd V BUG-Alu Technic GmbH; and
- key practical tips to make taking witness statements as smooth as possible.
To read more about the decision please see the judgment in Blue Manchester V BUG-Alu Technic here.
The case of Mansion Place Ltd v Fox Industrial Services Ltd is also recommended, with the judgment accessible here.