The Chancellor has taken the opportunity to clarify aspects of the disclosure pilot which is currently underway in the Business and Property Courts under practice direction (PD) 51U, and to emphasise that disclosure under the pilot should not become a disproportionately costly exercise: McParland & Partners Ltd v Whitehead [2020] EWHC 298 (Ch). The disclosure … Read more
We have today launched our new series of commercial litigation update podcasts, looking at developments in civil procedure that will be of interest to in-house lawyers and others who deal with litigation in the English courts. In this first episode we look at recent developments in disclosure and privilege. This episode is hosted by Anna … Read more
A recent High Court decision underlines the strict approach the courts have tended to adopt in considering applications for specific disclosure under the two-year disclosure pilot which has been underway in the Business and Property Courts since the beginning of 2019 and is governed by CPR Practice Direction (PD) 51U: Maher v Maher [2019] EWHC … Read more
In a recent decision, the High Court refused to order the defendants to disclose further documents, beyond the 95 documents they had already produced under an order for standard disclosure, or Model D disclosure, under the disclosure pilot that is currently proceeding in the Business and Property Courts (CPR Practice Direction 51U): Agents’ Mutual Ltd … Read more
The US Court of Appeals for the Second Circuit has handed down a decision that potentially increases the scope for parties in non-US legal proceedings to use the US courts to access evidence held by US-connected entities, even if that evidence is not located in the US: Re Application of Antonio Del Valle Ruiz 18-3226 … Read more
Among the extensive discussion of the General Data Protection Regulation (GDPR) over the past two years, one area where there has been a marked lack of detailed practical guidance is the question of how it applies in the context of conducting litigation. This may be in part because the issues are not straightforward. In many … Read more
The Supreme Court has held that there is no limit to the court’s discretion to grant non-party access to court documents. The guiding principle is the need for justice to be done in the open. Courts at all levels throughout the UK have an inherent jurisdiction to allow access in accordance with that principle: Cape … Read more
The High Court has considered applications relating to a disclosure order made under the disclosure pilot scheme which has applied in the Business and Property Courts since 1 January 2019: Vannin Capital PCC v RBOS Shareholders Action Group Ltd [2019] EWHC 1617 (Ch). The decision clarifies that, in applying to vary a disclosure order under … Read more
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
