The High Court has confirmed that the Disclosure Pilot operating in the Business and Property Courts since 1 January 2019 applies to all proceedings currently on foot in those courts (apart from those specifically excluded), regardless of whether orders for disclosure were made prior to that date. Accordingly, any applications for further orders regarding disclosure … Read more
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
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
The High Court has ordered Tesco to disclose, in civil proceedings brought by its shareholders under s.90A of the Financial Services and Markets Act 2000 (“FSMA”), documents that the SFO had provided in confidence to Tesco’s legal representatives in the course of negotiating a deferred prosecution agreement: Omers Administration Corporation & Ors v Tesco plc … Read more
On Wednesday 16 January (12.30 – 1.30pm GMT), Julian Copeman and Rachel Lidgate will deliver a webinar for Herbert Smith Freehills clients and contacts entitled “The Disclosure Pilot Scheme in the Business and Property Courts – An overview of the major changes introduced by the Pilot and their implications for clients”. Focusing on the disclosure pilot … Read more
The High Court has delivered a strong message as to the need for litigants to appreciate the rules relating to collateral use of disclosed documents, under CPR 31.22: The Ecu Group Plc v HSBC Bank Plc [2018] EWHC 3045 (Comm). Some key points to note from the decision are: The restrictions on collateral use apply … Read more
In a recent decision in the context of a judicial review, the High Court held that the SFO was able to compel a foreign company to produce documents located outside the jurisdiction, pursuant to s.2(3) of the Criminal Justice Act 1987 (CJA), where there was “a sufficient connection between the company and the jurisdiction”: R (On … Read more
Julian Copeman and Maura McIntosh have published an article in PLC Magazine looking at the new disclosure rules that are due to be piloted in the Business and Property Courts for two years starting in January 2019. The article outlines the key provisions and considers how much impact they are likely to have, as well as considering the … Read more
