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In this eighth episode of our series of commercial litigation update podcasts, we give a brief update on developments relating to jurisdiction and the enforcement of judgments post-Brexit, and on disclosure, as well as considering recent cases on witness evidence, the without prejudice rule, and when the courts will hand down judgment despite the parties … Read more
In a recent decision, the High Court has declined to order Model E disclosure under the disclosure pilot, and has also held that data and documents on a server held by a company were not within the control of a director and a former director of that company (who were defendants to the action) so … Read more
The High Court has found that documents held by the claimants’ parent companies, and individuals connected with those entities, were within the claimants’ “control” for the purposes of their disclosure obligations in the litigation: Berkeley Square Holdings Ltd v Lancer Property Asset Management Ltd [2021] EWHC 849 (Ch). This is the latest in a line … Read more
In this seventh episode of our series of commercial litigation update podcasts, we consider: developments relating to disclosure and witness evidence, including an update on reforms in both areas; some recent cases relating to class actions; and the impact of Brexit in the insolvency context. This episode is hosted by Anna Pertoldi, a partner in … Read more
A recent decision illustrates the court’s approach to providing non-party access to documents referred to at a public hearing, in the context of a proposed scheme of arrangement: Re Port Finance Investment Ltd [2021] EWHC 454 (Ch). The decision applies the recent guidance from the Supreme Court decision in Cape Intermediate Holdings Ltd v Dring … Read more
A recent decision suggests that the court’s powers to make orders for disclosure will not readily be exercised to require a party to provide documents evidencing whether and how it has complied with its disclosure duties: Eurasian Natural Resources Corporation Limited v Ake-Jean Qajygeldin [2021] EWHC 462. The Master accepted that she was bound by … Read more
The Court of Appeal has upheld a decision that, where personal devices belonging to the defendants’ employees and ex-employees potentially contained relevant documents within the defendants’ “control” for the purposes of disclosure, the court had jurisdiction to order the defendants to request the employees and ex-employees to deliver up those devices for inspection by the … Read more
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
