Commercial Court refuses enhanced disclosure order

A recent judgment of the Commercial Court demonstrates the difficulty of obtaining a broad order for enhanced or “train of enquiry” disclosure, even where the case involves very large sums and there are allegations of dishonesty: Berezovsky v Abramovich [2010] EWHC 2010. Read more

Jurisdictional test for pre-action disclosure considered by the High Court

Flaux J in Alan Kneale v Barclays Bank plc [2010] EWHC 1900 (Comm) has taken a robust approach to an application for pre-action disclosure of a credit agreement which he said “smacked of ‘Micawberism’, the hope that something will turn up, rather than necessity.” The judge took the opportunity to review the authorities on the … Read more

Disclosure of confidential settlement agreements

The recent High Court judgments in the case of Cadogan Petroleum Plc and others v Mark Tolley and others [2010] EWHC 1107 and [2009] EWHC 3291 give a good illustration of when a settlement agreement with one defendant will be disclosable to others. Read more

Commercial Court rules that disclosure in litigation does not alter duty of confidence owed by former employees

The Commercial Court has held that the duty of confidence owed by two ex-employees is not extinguished by their ex-employer’s disclosure of confidential documents to a counterparty in the course of litigation. As a result, the ex-employees could not provide any information as witnesses which would breach their confidentiality obligations: Porton Capital Technology Funds v … Read more

Final report published today in Lord Justice Jackson’s year-long costs review

The final report in Lord Justice Jackson’s civil litigation costs review was published this morning. The report presents the Judge’s findings and supporting evidence following his year-long review. It will now be for the Ministry of Justice to consider the report and accept or reject the various recommendations. A full copy of the report, running … Read more