High Court grants broad disclosure in support of non-party costs application against director / funders

The High Court has granted an order for disclosure of information relating to the funding of proceedings, in support of a potential non-party costs order against the claimant’s director and majority shareholder, and potentially other funders: Topalsson GmbH v Rolls Royce Motor Cars Ltd [2024] EWHC 297 (TCC). The decision illustrates the court’s willingness to … Read more

High Court refuses Norwich Pharmacal disclosure order in aid of foreign proceedings

In a significant recent decision, the High Court refused to grant a ‘Norwich Pharmacal’ disclosure order (NPO) on the grounds that the information was sought for the purpose of foreign proceedings, which is an impermissible use of such orders: Green v CT Group Holdings Limited [2023] EWHC 3168 (Comm). The NPO procedure enables a victim of wrongdoing … Read more

Commercial litigation podcast series – Episode 22: General update

In this 22nd episode of our series of commercial litigation update podcasts, we look at some recent developments relating to enforcement of judgments, litigation funding and class actions as well as an important Court of Appeal decision on ADR that came out in late November, and a couple of interesting recent decisions on exclusion clauses … Read more

Exclusion clauses: High Court grants summary judgment as losses fell within clear and unambiguous exclusion clause and UCTA reasonableness test did not apply

In a recent decision, the High Court granted summary judgment in favour of a defendant on the basis that the claimant had no real prospect of establishing that its losses were not excluded under the terms of the relevant agreements: Pinewood Technologies Asia Pacific Ltd v Pinewood Technologies PLC [2023] EWHC 2506 (TCC). The decision … Read more

Article published: The interplay between data protection rules and civil litigation procedure – some judicial guidance (finally)

It is now more than five years since the GDPR propelled the issue of data protection into the forefront of legal practitioners’ minds. Alongside assisting their clients to navigate the new regime, practitioners had to grapple with how it applied to legal practice – including the conduct of litigation, given that the GDPR’s demands seemed … Read more