Court of Appeal finds claimant breached terms of search order by conducting keyword searches of electronic data and considers interplay between search and imaging orders

In a recent decision the Court of Appeal has re-emphasised that the purpose of a search order (formerly known as an Anton Piller order) is to preserve evidence that is at risk of being destroyed by a defendant or potential defendant, and that a search order does not allow a claimant to inspect documents to … Read more

High Court finds “without prejudice” statements contained in mediation paper were admissible to defend against allegation of fraud

The High Court has held that statements made in a “without prejudice” (WP) mediation paper were admissible as they were to be used to rebut allegations of fraud, by showing that the claimants had known about, and approved, the transactions said to constitute the alleged fraud: Berkeley Square Holdings v Lancer Property Asset Management Ltd … Read more