Upcoming webinar – International Litigation Update

On Tuesday 18 October (12noon – 1.00pm UK time) we will present the first in a new series of webinars for Herbert Smith Freehills clients and contacts, focussing on the issues that arise in litigating cross border disputes. In this webinar: Larry Shore, a disputes partner in our New York office, will consider ways of obtaining evidence … Read more

Commercial Court finds it did not have jurisdiction to permit service of an application for Norwich Pharmacal relief out of the jurisdiction

In a recent decision, the Commercial Court found that it did not have jurisdiction to permit service out of the jurisdiction in respect of an application for Norwich Pharmacal relief, ie an application requiring a third party who had been (innocently) mixed up in wrongdoing to provide information enabling proceedings to be brought against the … Read more

Strong grounds required to justify independent re-review of disclosure

A recent High Court decision confirms that the court can order a re-review of disclosure by an independent lawyer, although "strong grounds" are required to justify such an "unusual order": Vilca & 21 Others v Xstrata Limited & another [2016] EWHC 1824. The court rejected an application for an order requiring the defendants in this … Read more

Predictive coding ordered despite party’s objections

The High Court has ordered disclosure to be carried out using predictive coding despite a party's objections to the use of the technology: Brown v BCA Trading Limited [2016] EWHC 1464 (Ch). This is understood to be the first reported decision in which the English courts have approved the use of predictive coding following a contested application. A … Read more

Use of predictive coding for e-disclosure endorsed by English High Court

A decision of the English High Court handed down yesterday has expressly approved the use of predictive coding (also known as technology assisted review) for a large disclosure exercise: Pyrrho Investments Limited & Anr v MWB Property Limited and Others [2016] EWHC 256 (Ch). Based on the US's experience, this case will likely mark a … Read more