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The High Court has confirmed that it has jurisdiction to order disclosure of specific documents under the Disclosure Pilot Scheme, even where the disclosure relates to issues which are not identifiable on the face of the statements of case and no List of Issues for Disclosure has been agreed by the parties: The Commissioners for … Read more
In this fifth episode of our series of commercial litigation update podcasts, we briefly outline the state of play for Brexit as it affects litigation in the English courts. We also look at some developments since our last update relating to the disclosure pilot, witness evidence reform and remote hearings, and finally we look at … Read more
In this fourth episode of our series of commercial litigation update podcasts, we look at a variety of cases and developments, including an update on the disclosure pilot and proposals in relation to witness statements. We also look at recent cases on privilege, witness evidence, access to court documents, claim notices and freezing injunctions. This … Read more
A judicial update on the operation of the Disclosure Pilot Scheme has recently been published, together with the Third Interim Report on the pilot which sets out feedback received. The report suggests that, in the view of court users, the pilot has not succeeded in making disclosure simpler and cheaper. The update sets out a … Read more
The High Court has dismissed a Part 8 claim against a bank for allegedly failing to provide an adequate response to the claimant’s Data Subject Access Requests (DSARs). The decision highlights the robust approach that the court is willing to take where it suspects the tactical deployment of DSARs: Lees v Lloyds Bank plc [2020] … Read more
The judiciary has today published an Update on the operation of the Disclosure Pilot Scheme which has been operating in the Business and Property Courts since 1 January 2019 and is set to continue until the end of 2021 following a recent extension. The update includes publication of the Third Interim Report on the pilot … Read more
On Monday 7 September, the Commercial Court presented its first virtual seminar as part of the celebration of the Court’s 125th anniversary, entitled: “Year 126 and onwards: planning for the future of London’s Commercial Court“. Chaired by Lord Justice Flaux, the Supervising Lord Justice for the Commercial Court, the event comprised panel sessions on virtual … Read more
This case marks the latest instalment in the Dring litigation, in which the Asbestos Victims Support Groups Forum UK (“the Forum”) is seeking access to trial documents, mainly for use in other asbestos claims: Dring (for and on behalf of The Asbestos Victims Support Groups Forum UK) v Cape Intermediate Holdings Limited [2020] EWHC 1873 … Read more
A disclosure pilot scheme has been underway in the Business and Property Courts since the beginning of 2019, governed by CPR Practice Direction (PD) 51U. The scheme was originally intended to run for two years but, at the June meeting of the Civil Procedure Rule Committee (CPRC), it was agreed that it should be extended … Read more
