Court of Appeal upholds disclosure order despite risk of prosecution in Iran

The Court of Appeal has upheld a first instance decision requiring the claimant Iranian bank to produce customer documents in unredacted form, subject to measures to protect their confidentiality, despite the fact that compliance would put the claimant in breach of Iranian law: Bank Mellat v HM Treasury [2019] EWCA Civ 449. This case gives … Read more

High Court refuses permission for collateral use of disclosed documents and witness statements to respond to US grand jury subpoena

In a decision illustrating the court’s strict approach to the rule prohibiting the use of disclosed documents and witness statements for a collateral purpose, the High Court has refused a party permission to provide disclosed documents and witness statements to the US Federal Bureau of Investigation (FBI) for the purpose of complying with a US … Read more

Open Justice:  Rule changes to increase transparency in the civil courts

From 6 April 2019, a number of changes to the Civil Procedure Rules will come into effect with the intention of reinforcing the principle of open justice and clarifying how it operates in the civil courts. The amendments include: emphasising the general rule that hearings are to be held in public, and clarifying the test … Read more

High Court restrains claimants from using defendant’s privileged material obtained from third parties in unknown circumstances

A recent High Court decision demonstrates that, whilst confidentiality is a prerequisite to a claim for privilege, information will not cease to be confidential unless it is in fact known to a “substantial number of people”: Winstone v MGN Ltd [2019] EWHC 265 (Ch). In the present case, the court found that the quality of confidentiality had … Read more

Court of Appeal confirms Morrisons vicariously liable for employee’s deliberate actions in first successful UK class action for data breach

The Court of Appeal has today dismissed an appeal against the High Court’s decision that Morrisons was vicariously liable for its employee’s misuse of data, despite: (i) Morrisons having done as much as it reasonably could to prevent the misuse; and (ii) the employee’s intention being to cause reputational or financial damage to Morrisons itself: Wm … Read more