Disclosure

Subject access request may be used to obtain information for purposes of litigation

The Court of Appeal has recently ordered an English law firm which acted for trusts governed by Bahamian law to comply with a subject access request made by certain trust beneficiaries under section 7 of the Data Protection Act 1998: Dawson-Damer … Continue reading

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High Court takes strict approach to when permission needed for collateral use of documents disclosed in proceedings

The High Court has recently considered the restrictions on collateral use of documents and witness statements disclosed in proceedings, and has provided guidance on what constitutes "use" in this context: Robert Tchenguiz and Another v Grant Thornton UK LLP and … Continue reading

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Filed under Disclosure, Evidence

High Court applies narrow interpretation of “client” for purposes of legal advice privilege

In a decision handed down today, the High Court has applied the much-criticised Court of Appeal decision in Three Rivers No 5 to find that interviews conducted by a bank's solicitors with its employees were not covered by legal advice … Continue reading

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Filed under Choice of law, Disclosure, Privilege

Upcoming webinar – International Litigation Update

On Tuesday 18 October (12noon – 1.00pm UK time) we will present the first in a new series of webinars for Herbert Smith Freehills clients and contacts, focussing on the issues that arise in litigating cross border disputes. In this webinar: Larry … Continue reading

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Filed under Announcements, Choice of law, Disclosure, Enforcement, Jurisdiction

Commercial Court finds it did not have jurisdiction to permit service of an application for Norwich Pharmacal relief out of the jurisdiction

In a recent decision, the Commercial Court found that it did not have jurisdiction to permit service out of the jurisdiction in respect of an application for Norwich Pharmacal relief, ie an application requiring a third party who had been … Continue reading

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Filed under Disclosure, Jurisdiction

Strong grounds required to justify independent re-review of disclosure

A recent High Court decision confirms that the court can order a re-review of disclosure by an independent lawyer, although "strong grounds" are required to justify such an "unusual order": Vilca & 21 Others v Xstrata Limited & another [2016] … Continue reading

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Court of Appeal clarifies when court will allow inspection of documents mentioned in witness statement or statement of case

In a recent decision, the Court of Appeal has clarified the approach to be taken in determining whether the court should allow inspection of a document "mentioned" in a witness statement or statement of case: Blue Holdings (1) PTE Ltd & … Continue reading

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Filed under Confidentiality, Disclosure, Evidence, Statements of case

Predictive coding ordered despite party’s objections

The High Court has ordered disclosure to be carried out using predictive coding despite a party's objections to the use of the technology: Brown v BCA Trading Limited [2016] EWHC 1464 (Ch). This is understood to be the first reported decision in … Continue reading

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Use of predictive coding for e-disclosure endorsed by English High Court

A decision of the English High Court handed down yesterday has expressly approved the use of predictive coding (also known as technology assisted review) for a large disclosure exercise: Pyrrho Investments Limited & Anr v MWB Property Limited and Others … Continue reading

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High Court orders disclosure of confidential SFO and client documents

In a recent decision, the High Court refused to allow defendant accountants and business advisers to withhold documents from inspection on the basis of confidentiality: Harlequin Property (SVG) Ltd and Another v Wilkins Kennedy [2015] EWHC 3050 (TCC). The documents in question … Continue reading

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