Supreme Court upholds Norwich Pharmacal order in face of competing data protection rights

A recent Supreme Court decision clarifies the approach the courts should take in deciding whether to grant Norwich Pharmacal relief in the face of competing data protection rights, and in particular in determining whether the grant of the order satisfies the requirement of proportionality: Rugby Football Union v Consolidation Information Systems Ltd (formerly Viagogo Ltd) … Read more

Norwich Pharmacal orders cannot be used to obtain evidence for foreign proceedings

The High Court has held that the regime for compelling evidence, as distinguished from information, for use outside of the jurisdiction is exclusively statutory. Accordingly, a Norwich Pharmacal order cannot be used to order the provision of evidence for foreign proceedings, regardless of whether the foreign jurisdiction provides a mechanism for obtaining such evidence via … Read more

Webinar alert: pre-action strategy

On Tuesday 29 May (12:45 to 1:45 UK time) John Ogilvie, Matthew Bonye and Alex Oddy will present a live audio webinar on pre-action strategy. The session will explore strategic considerations before proceedings are commenced, including: Immediate points to consider when a dispute arises; Pre-action protocols; Pre-action disclosure; Negotiation and ADR.   Read more

Litigation from a client’s perspective: top tips from the advocacy unit

On 21 March Murray Rosen QC, head of Herbert Smith’s Advocacy Unit, together with support lawyers Pamela Kiesselbach and David Phillips, presented a webinar entitled ‘Litigation from a client’s perspective: top tips from the advocacy unit’. Murray, Pamela and David drew on a combined half century of knowledge gained from running disputes of all types … Read more

Webinar alert – Conducting litigation from the client’s perspective: top tips from the Advocacy Unit

On Wednesday 21 March (12:45 to 1:45 UK time) Murray Rosen QC, David Phillips and Pamela Kiesselbach will present a live audio webinar which will provide a practical overview providing tips for clients and in-house counsel on how to approach and conduct litigation, looking at what can be done during the various stages of a dispute (starting from pre-action through … Read more

Court of Appeal takes broad view of “control” for disclosure purposes

The Court of Appeal has held that in determining whether documents in the possession of a third party are in a litigant’s control, and therefore fall within its disclosure obligations, the court must have regard to the true nature of the relationship between the litigant and the third party. Where there was reasonable ground to … Read more