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A recent High Court decision is a welcome addition to the limited case law considering the interplay between data protection legislation and the disclosure of documents in connection with litigation in the English courts: Dixon v North Bristol NHS Trust [2022] EWHC 3127 (KB). This issue has caused some unease amongst litigants and practitioners since … Read more
In this 18th episode of our series of commercial litigation update podcasts, we consider a significant recent decision on representative actions under CPR Part 19, cases on disclosure and judgments handed down under embargo, and a Supreme Court decision on unjust enrichment. This episode is hosted by Anna Pertoldi, a partner in our litigation team, … Read more
In a recent decision, the High Court has held that the documents of a claimant’s creditor were not in the claimant’s control for the purposes of disclosure. Although two employees of the creditor acted as the claimant’s agent in conducting the litigation, that did not mean that all the documents to which they had access … Read more
The Court of Appeal has upheld a decision refusing to grant an anti-suit injunction to restrain a US s.1782 discovery application seeking evidence in defence of libel proceedings in the English court: Soriano v Forensic News LLC [2023] EWCA Civ 223. The Court of Appeal’s decision shows that, while the court may grant an injunction … Read more
A recent judgment highlights the circumstances in which the English court may, or may not, issue an anti-suit injunction to restrain an application under s.1782 of Title 28 of the US Code: Soriano v Forensic News LLC [2023] EWHC 262 (KB). In broad terms, s.1782 allows a litigant in a non-US legal proceeding to ask … Read more
A recent High Court decision has gone against the trend of more than two decades of disclosure reform, in which the aim has generally been to reduce the costs of disclosure by trying to limit the amount of documentation reviewed and disclosed. In contrast, in Genius Sports Technologies Ltd v Soft Construct (Malta) Ltd [2022] … Read more
In this 17th episode of our series of commercial litigation update podcasts, we consider recent cases on waiver of privilege, developments relating to disclosure, judgments and enforcement, and two recent Court of Appeal decisions on limitation and settlement respectively. This episode is hosted by Anna Pertoldi, a partner in our litigation team, who is joined … Read more
A recent High Court decision illustrates the extent of the court’s powers where potentially relevant documents are contained on the personal devices or email accounts of current or ex-employees and the employment relationship is governed by foreign law: The Republic of Mozambique v Credit Suisse International and Others [2022] EWHC 3054 (Comm). The court’s jurisdiction … Read more
The Court of Appeal has upheld an order permitting an application for third party disclosure to be served on a respondent outside England and Wales, in circumstances where the documents sought were located in England: Gorbachev v Guriev [2022] EWCA Civ 1270. The decision shows that the courts may permit an application for third party … Read more
