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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
In this third episode of our series of commercial litigation update podcasts, we look at developments in disclosure and privilege since our February update, as well as some developments relating to costs and funding. This episode is hosted by Anna Pertoldi, who is joined by Maura McIntosh and Ajay Malhotra. Our podcast is available on … Read more
In a recent decision the court has clarified that parties are required to undertake reasonable and proportionate checks to see if they have or have had “known adverse documents” in order to fulfil the continuing obligation to disclose such documents under the Disclosure Pilot Scheme. Some guidance is given as to the kinds of steps … Read more
The High Court has held that statements made in a “without prejudice” (WP) mediation paper were admissible as they were to be used to rebut allegations of fraud, by showing that the claimants had known about, and approved, the transactions said to constitute the alleged fraud: Berkeley Square Holdings v Lancer Property Asset Management Ltd … Read more
The High Court has refused to set aside or vary an order for standard disclosure where a defendant bank maintained that production of documents would contravene foreign criminal law or regulations, with the result that the bank’s defence was struck out and it was debarred from defending the claims: Byers & Ors v Samba Financial … Read more
In a recent decision, the High Court found that the documents of two of the defendant’s subsidiary companies were within its “control” for the purposes of disclosure: Pipia v BG Group Ltd [2020] EWHC 402 (Comm). The decision shows that a party can have control over the documents of its direct or indirect subsidiaries (or … Read more
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
