OUTLOOK: The Commercial, Construction and International Arbitration podcast

In the third and final part of this this three-part mini series Joe-han Ho, Ruth Keating and Philippe Kuhn discuss the implications of the Witness Evidence Working Group’s proposals and how they might, or might not, work in practice. This part also provides 10 must-know points on the proposed reforms.

In the second part of this three-part mini series, Joe-han Ho, Ruth Keating and Philippe Kuhn discuss the scope of the proposed reforms put forward by the Witness Evidence Working Group in draft Practice Direction 57AC and accompanying statement of best practice. Major reform proposals include: (i) Certificates of Compliance; (ii) listing of documents seen by the witness; and (iii) providing detailed descriptions of the process.

In the first part of this three-part mini series, Joe-han Ho, Ruth Keating and Philippe Kuhn, commercial barristers at 39 Essex Chambers, discuss the issues which have arisen in the preparation of trial witness statements which have led to the proposed reforms in draft Practice Direction 57AC. This episode sets the backdrop for the problems which have arisen in practice and which have built to the proposals put forward by the Witness Evidence Working Group.

In this episode John Denis-Smith, David Sawtell and Rebecca Drake consider the recent judgment of Mrs Justice Cockerill in Rochford v Kilhan. The judgment in this part 8 claim in the TCC held that under the Housing Grants, Construction and Regeneration Act 1996 (the “Act”) the final date for payment must be a fixed period of time from the due date, and cannot be linked to the provision of invoices.

Even if summary judgment is granted, the insolvent company might find that a stay of execution is granted. This episode will explore the court’s jurisdiction to stay execution of the Judgment and the criteria it will apply.