Controlling the costs of disclosure: “menu” option approved

In a recent post we reported that the Civil Procedure Rule Committee was expected to approve a draft rule to implement Lord Justice Jackson’s proposal for a “menu” of disclosure options by the end of November. The rule has now been finalised and the full text has been published in Lord Justice Jackson’s lecture on “Controlling the costs of disclosure” (the seventh … Read more

Progress toward disclosure “menu”

In our September update on the Jackson reforms (Jackson reforms: taking stock) we reported that a sub-committee of the Civil Procedure Rule Committee had been appointed to take forward Lord Justice Jackson’s proposal for a “menu” of disclosure options for substantial cases. A draft rule is currently before the Committee and we understand it is likely … Read more

Relevance not sufficient for standard disclosure

The Court of Appeal has reiterated the distinction between the broad discovery regime that applied before the introduction of the Civil Procedure Rules (“CPR”) in 1999 and the more limited requirements under CPR “standard disclosure”. In particular, the court held that the defendant bank was entitled to withhold the names of employees who had reported suspicions of … Read more

Jackson reforms: taking stock

In addition to the headline reforms which are to be implemented through primary legislation currently before Parliament, progress is ongoing toward the implementation of various other recommendations put forward in Lord Justice Jackson’s final report on civil litigation costs and funding (as summarised here). Some of the developments likely to be of interest to commercial … Read more

Herbert Smith to open new Belfast office for document review

In November we announced that we would be setting up an operation in Belfast, focusing on document review work for major litigation, arbitration and regulatory investigations. The new office has had very positive feedback both from all stakeholders. It is on track to open for business by the end of April. Click here for our article … Read more

Herbert Smith launches important publications on document retention and data management

With the proliferation of electronic documents, the globalisation of commerce and disputes, and options to store documents remotely in cheaper and more lightly regulated jurisdictions, clients are reviewing their document retention and destruction practices. In response to the lack of consolidated guidance on these wide reaching topics, two major publications have been produced by Herbert … Read more

Evidence obtained from rubbish bins not unlawful

In a recent case, enquiry agents instructed by a judgment creditor had searched through documents discarded as rubbish on the pavement outside the London offices of the judgment debtors, made copies of relevant documents, and returned the originals to the bin bags. The copy documents were adduced as evidence in support of an application for … Read more