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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
The Disclosure Pilot Scheme, which has been operating in the Business and Property Courts since January 2019, is to be incorporated into the Civil Procedure Rules permanently, with only minimal changes. From 1 October 2022, it will take the form of a new Practice Direction (PD) 57AD “Disclosure in the Business and Property Courts”, which … Read more
In a recent decision, the High Court has made a rare order for disclosure to be given under Model E of the Disclosure Pilot at PD51U – ie old-fashioned “train of inquiry” disclosure, of the sort that applied before 1999 when the Civil Procedure Rules introduced a more limited concept of “standard disclosure”: Ras Al … Read more
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
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
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
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
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
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
