Article published on recent themes in e-disclosure

Gregg Rowan, Celina McGregor, Johan Botha and Lyn Harris have published an article in the November edition of PLC Magazine which looks at the impact of the Jackson reforms on e-disclosure and how parties can seek to control the costs of the… Read more

Litigation funders ordered to pay indemnity costs

A High Court decision handed down yesterday (23 October) has significant implications both for third parties who fund litigation on commercial terms and for defendants who face claims brought with the benefit of such funding: Excalibur Ventures LLC v Texas Keystone Inc and… Read more

Article published on loss or waiver of privilege

It sometimes happens that a privileged document ends up in the hands of an opponent or third party, either as a result of inadvertent disclosure in litigation or in some other way, or a privileged document is referred to in… Read more

Jackson reforms to apply to insolvency proceedings from April 2015

According to press reports this week, the insolvency exception to the Jackson reforms will end next April, meaning that CFA success fees and ATE insurance premiums will no longer be recoverable in proceedings brought by liquidators, administrators, trustees in bankruptcy, or companies… Read more

Article published on strict test for litigation privilege

To gain the protection of litigation privilege, a party must establish that when a document was created: (i) litigation was in reasonable prospect; and (ii) the document was prepared for the dominant purpose of that litigation. Recent decisions illustrate how… Read more