High Court orders disclosure of confidential SFO and client documents

In a recent decision, the High Court refused to allow defendant accountants and business advisers to withhold documents from inspection on the basis of confidentiality: Harlequin Property (SVG) Ltd and Another v Wilkins Kennedy [2015] EWHC 3050 (TCC). The documents in question fell into two categories, namely: (i) documents created in the course of an investigation into … Read more

Party in breach of unless order for disclosure due to failures in OCR process

The High Court has held that claimant liquidators were in breach of an “unless order” for disclosure where the low quality of OCR copies of scanned hard copy documents, to which key word searches had been applied to narrow down the pool of documents for review, meant the court could not be satisfied that a reasonable search had … Read more

High Court orders personal injury defendant to disclose insurance details

In a recent decision, the High Court ordered disclosure of the defendant’s insurance arrangements in the context of a personal injury claim where the claimant sought an order for periodical payments: Senior v Rock UK Adventure Centres [2015] EWHC 1447 (QB). Historically, the courts have tended not to require parties to disclose insurance arrangements unless … Read more

Irish court endorses use of predictive coding for disclosure

A recent decision of the High Court in the Republic of Ireland has endorsed the use of predictive coding for a disclosure exercise, rejecting the opposing party’s insistence on a linear manual review of all the keyword responsive documents and its arguments that this form of technology assisted document review was not compatible with the … Read more

Company ordered to disclose documents in the control of its controllers

The Commercial Court has ordered a company to disclose documents in the hands of third parties (an individual and another company in the same group) on the basis that those parties exercised control over the company for the purpose of all matters relating to the litigation: Suez Fortune Investments Ltd v Talbot Underwriting Ltd [2014] … Read more

Contractual entitlement to “reasonable access” to documents was not subject to requirement to justify request for access

The High Court has granted a seller’s application to inspect certain documents of its former subsidiaries pursuant to a contractual term requiring the buyer to grant “reasonable access” to the relevant companies’ books, records and documents: Alfa Finance Holding AD v Quarzwerke GmbH [2015] EWHC 243 (Ch). The court rejected an argument that it should look at the seller’s reasons for seeking access … Read more

US Supreme Court weighing proposals to curtail scope, burden and uncertainty of discovery in US Federal Court

Joe Falcone has published an article in Financier Worldwide addressing proposed amendments to the US Federal Rules of Civil Procedure, which govern civil cases in US federal court. If adopted, these amendments should narrow significantly the historically broad scope of discovery in federal court and reduce the spectre of court-imposed sanctions for a party’s unintentional … Read more