Disclosure

Two-year pilot of new disclosure rules to commence 1 January 2019

New rules to govern disclosure of documents in litigation before the English courts were unveiled yesterday, having been approved by the Civil Procedure Rule Committee on 13 July. The rules will be subject to a two-year pilot in the Business … Continue reading

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Manual disclosure review ordered due to concerns over party’s computer assisted review

In a recent High Court decision, the court expressed concerns regarding the claimants’ computer assisted disclosure review and ordered them to carry out a manual review of a substantial number of documents that had been excluded from review on the … Continue reading

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Article published – Proposals for disclosure reform: Do they fit the bill?

Late last year, a disclosure working group chaired by Lady Justice Gloster published proposals for disclosure reform, including a completely new rule to govern the disclosure of documents in English litigation. The proposals are subject to consultation until the end of … Continue reading

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Filed under Announcements, Disclosure

High Court grants non-party broad access to documents relied on at trial despite case having settled before judgment

In a recent decision, a High Court Master has taken a broad view of the documents that should be made available to a non-party where a case settled after trial: Dring v Cape Distribution Limited [2017] EWHC 3154 (QB). The … Continue reading

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Filed under Confidentiality, Disclosure

Cross-Border Litigation – international perspectives

We are pleased to publish the second issue of our periodic publication “Cross-Border Litigation”, designed to highlight legal and practical issues specific to litigation with an international aspect. Tapping into the expertise of the firm’s leading commercial litigators across the globe, the … Continue reading

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Filed under Choice of law, Courts, Disclosure, Enforcement, Fraud, Jurisdiction

Working group proposes pilot of new rules for disclosure

A disclosure working group set up last year, chaired by Lady Justice Gloster, yesterday published its proposals for reforms to the rules governing disclosure of documents in English litigation. The proposals are subject to consultation with a view to setting … Continue reading

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High Court clarifies scope of CPR 31.22: use of a document only for the purpose of the proceedings in which it is disclosed

The High Court has recently considered what amounts to use of disclosed documents for a collateral purpose contrary to CPR 31.22: Grosvenor Chemicals Ltd v UPL Europe Ltd [2017] EWHC 1893 (Ch). Important takeaways from this decision are as follows: … Continue reading

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Subject access request may be used to obtain information for purposes of litigation

The Court of Appeal has recently ordered an English law firm which acted for trusts governed by Bahamian law to comply with a subject access request made by certain trust beneficiaries under section 7 of the Data Protection Act 1998: Dawson-Damer … Continue reading

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Filed under Disclosure, Miscellaneous

High Court takes strict approach to when permission needed for collateral use of documents disclosed in proceedings

The High Court has recently considered the restrictions on collateral use of documents and witness statements disclosed in proceedings, and has provided guidance on what constitutes "use" in this context: Robert Tchenguiz and Another v Grant Thornton UK LLP and … Continue reading

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Filed under Disclosure, Evidence

High Court applies narrow interpretation of “client” for purposes of legal advice privilege

In a decision handed down today, the High Court has applied the much-criticised Court of Appeal decision in Three Rivers No 5 to find that interviews conducted by a bank's solicitors with its employees were not covered by legal advice … Continue reading

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