Commercial litigation podcast series – Episode 11: General update

29 November, 2021
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

17 November, 2021
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

Changes to Disclosure Pilot take effect today

01 November, 2021
The amendments to the Disclosure Pilot under CPR Practice Direction (PD) 51U, which were published by the Disclosure Working Group in July this year (see our previous post), have come into force today under the 136th CPR PD Update. As previously reported, the amendments streamline the pilot rules, in particular as to the process for … Read more

Commercial litigation podcast series – Episode 10: General update

06 October, 2021
In this 10th episode of our series of commercial litigation update podcasts, we give an update on recent developments relating to privilege, the disclosure pilot, representative actions, and two recent Supreme Court decisions on liquidated damages and lawful act economic duress respectively. This episode is hosted by Anna Pertoldi, a partner in our litigation team, … Read more

High Court orders disclosure of lawyer’s attendance note alluded to in claimant’s witness statement

25 August, 2021
The High Court has ordered a claimant to disclose its lawyer’s attendance note (or notes) of discussions with one of the defendant’s employees, on the basis that the notes were “impliedly mentioned” in the claimant’s witness statement and the claimant had waived privilege: Scipharm SARL v Moorfields Eye Hospital Foundation Trust [2021] EWHC 2079 (Comm). … Read more

High Court considers whether “Issues for Disclosure” under the Disclosure Pilot must be issues pleaded in the parties’ statements of case

24 August, 2021
In a recent decision the Technology and Construction Court has held that, in most cases, the Issues for Disclosure under Practice Direction 51U (the Disclosure Pilot) must be pleaded issues that have been crystallised in the statements of case. However, the court stressed that not all issues that appear in the statements of case will … Read more

High Court finds accountants’ investigation report not protected by litigation privilege and considers requirements for obtaining disclosure under the Disclosure Pilot

16 August, 2021
The High Court has granted an application by a claimant state for orders that the defendant bank disclose an accounting firm’s investigation report (and associated documents) originally withheld from disclosure on the grounds of litigation privilege, as well as to disclose certain categories of documents on a Model E or “train of enquiry” basis and … Read more

Commercial litigation podcast series – Episode 9: General update

22 July, 2021
In this ninth episode of our series of commercial litigation update podcasts, we give a brief update on developments relating to Brexit, and discuss some recent cases on factual witness and expert evidence. We also look at a recent Civil Justice Council report on compulsory ADR and finally we discuss an important Supreme Court decision … Read more