Civil Litigation Update 2025

KEY SUBJECTS

• PART 36 – THE GIFT THAT KEEPS ON GIVING
• WITNESS STATEMENTS
• EXPERT EVIDENCE
• DISCLOSURE
• ALTERNATIVE DISPUTE RESOLUTION

SPEAKERS

Rupert Cohen, Barrister, Landmark Chambers

Professor Dominic Regan, The City Law School, London

CONFERENCE PROGRAMME

9.30am CHAIRMAN’S INTRODUCTION

PART 36 – THE GIFT THAT KEEPS ON GIVING

This talk will give solicitors a vital insight into the latest developments in relation to Part 36

• Provide a brief introduction to the operation of Part 36
• Give a commentary of the key cases.
• Give various tips to avoid common pitfalls
• Describe the benefits of the Part 36 regime compared to other methods of ADR
• Explore how Part 36 dovetails with other parts of the CPR

Rupert Cohen, Barrister, Landmark Chambers

WITNESS STATEMENTS

The mainstream witness statement rules were introduced as long ago as 1992. Additional measures for trial statements in the Business and Property Courts went into the rules in 2021.Since each statement represents the evidence in chief of the maker, it is imperative that they are compliant with the CPR.

Regrettably, cases of default continue to emerge with depressing regulatory. This talk will look at:

• Why templates are taboo
• What needs to be included
• The most common breaches
• The big trap in CPR 32.10
• The additional requirements introduced by the 2021 Rules

Professor Dominic Regan, The City Law School, London

EXPERT EVIDENCE

• Do you need an expert at all?
• The 3 instruments every expert must be absolutely familiar with -The Practice Direction so often breached by solicitors
• The compromised expert
• Medical agency fees
• How to handle your experts

Professor Dominic Regan, The City Law School, London

DISCLOSURE

• What is a document?
• The big differences between CPR 31 and PD 57AD (and why they matter)
• The duty to preserve documents
• Electronic Disclosure
• Privilege

Professor Dominic Regan, The City Law School, London

ALTERNATIVE DISPUTE RESOLUTION

• The October 2024 Rules
• Why is mediation favoured by the Judiciary?
• Can one legitimately refuse to engage?
• Who pays?
• How you must react to a suggestion of ADR

Professor Dominic Regan, The City Law School, London

5.00 pm CLOSE OF PROCEEDINGS