Court of Appeal finds clear breach of unless order for e-disclosure

The Court of Appeal has held that claimant liquidators were in breach of an “unless order” for e-disclosure, overturning the High Court’s decision that there was no breach despite the mistaken omission of certain important categories of documents from the list: Smailes v McNally [2014] EWCA Civ 1296. The result was that the liquidators’ claim was struck out. (Note: The case was … Read more

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 process. The article considers advances in review techniques, including predictive coding, as well as alternative … Read more

High Court refuses to order bank to disclose its Credit Process Guide

A recently published decision of the High Court demonstrates that a court will examine closely whether a document comes within the test for standard disclosure. References to the document in another disclosed document will not be sufficient, nor is it enough that it might prove helpful for the purposes of cross examination: Ward Hadaway v … Read more

Court can order pre-action disclosure in judicial review proceedings

The High Court has found that the court technically has power to order pre-action disclosure in judicial review proceedings, despite this power not being expressly included in the Civil Procedure Rules ("CPR") and the fact that there has been no known case where pre-action disclosure has been ordered in judicial review: British Union for the … Read more