Supporting Evidence In Business Disputes

Evidence in business disputes

Facts in issue

A fact in issue are those facts that either party must prove or disprove to establish their claim. Any fact in issue must be supported by evidence, which can be documentary or oral. Oral evidence is provided by witnesses whose evidence the parties intend to rely on.

Disclosure

Parties involved in the proceedings are under a duty to disclose documents within their power, custody and/or control relevant to the dispute. This includes any document which may support but also which can adversely affect their own case. Documents include all hard copy documents, and also electronic documents. Documents held by third parties who are not party to the litigation may also have to be disclosed.

In more complex matters, the disputing parties will have submitted, with their letter of claim/response letter, key documents which support their case. Parties will also have to consider what other documents are relevant to the dispute and ensure that those documents are preserved and not destroyed in light of any potential litigation.

Privilege

There may be some documents that are privileged. This means that parties can withhold inspection of some documents on the basis that they are privileged.

Privilege can be attached to documents that show a genuine attempt at settlement and legal advice notes between a client and its solicitor in relation to litigation.

Witness evidence

Witness evidence is provided by those who have knowledge of the facts in the dispute. If the parties intend to rely on any witness evidence, witness statements will be obtained from those individuals to be used in the proceedings.