Article published – Massive overdisclosure: bucking the trend

A recent High Court decision has gone against the trend of more than two decades of disclosure reform, in which the aim has generally been to reduce the costs of disclosure by trying to limit the amount of documentation reviewed and disclosed. In contrast, in Genius Sports Technologies Ltd v Soft Construct (Malta) Ltd [2022] … Read more

Commercial litigation podcast series – Episode 17: General update

In this 17th episode of our series of commercial litigation update podcasts, we consider recent cases on waiver of privilege, developments relating to disclosure, judgments and enforcement, and two recent Court of Appeal decisions on limitation and settlement respectively. This episode is hosted by Anna Pertoldi, a partner in our litigation team, who is joined … Read more

Disclosure: High Court directs party to identify which current and ex-employees have been asked for/given consent to search for documents on their personal devices

A recent High Court decision illustrates the extent of the court’s powers where potentially relevant documents are contained on the personal devices or email accounts of current or ex-employees and the employment relationship is governed by foreign law: The Republic of Mozambique v Credit Suisse International and Others [2022] EWHC 3054 (Comm). The court’s jurisdiction … Read more

Commercial litigation podcast series – Episode 15: General update

In this 15th episode of our series of commercial litigation update podcasts, we look at some recent or upcoming developments relating to disclosure, jurisdiction and the new Chancery Guide, decisions relating to privilege and the application of the without prejudice rule, and the impact of the UK sanctions regime on proceedings in the English court involving … Read more

Commercial litigation podcast series – Episode 11: General update

In this 11th episode of our series of commercial litigation update podcasts, we outline some recent cases on witness evidence and relief from sanctions, and give a very brief update on the disclosure pilot. We also cover some decisions on jurisdiction and pleading foreign law, including an important Supreme Court decision, and finally we look … Read more

High Court finds there is no power to order a party to use its “best endeavours” to obtain and disclose documents that are not within its control

The High Court has declined to order a defendant to use its “best endeavours” to obtain the data held on the mobile telephones of two of its ex-employees, because it held that the data was not in the defendant’s control for the purpose of its disclosure obligations: Various Airfinance Leasing Companies v Saudi Arabian Airlines … Read more