Litigation Notes

Commercial litigation podcast series – Episode 34: General update

High Court finds party has practical control over third parties' documents for disclosure purposes

Disclosure Review Working Group seeks views on disclosure under PD 57AD

Court of Appeal overturns decision refusing order for Extended Disclosure to aid construction of insurance policy

The decision provides guidance on the court's approach to applications for Extended Disclosure

High Court declines to set aside order giving effect to letter of request despite failure to give full and frank disclosure

High Court finds iniquity exception to privilege applied, but not on a blanket basis

The decision suggests that, even where a transaction is contaminated by multiple iniquities, each document must be reviewed to ascertain whether it is …

Commercial litigation podcast series – Episode 31: General update

High Court grants permission to rely on inadvertently disclosed privileged documents where the mistake was not obvious

High Court dismisses late application for disclosure of transcripts of audio files despite rejecting claim for litigation privilege

High Court partially overturns order for defendant to provide disclosure in jurisdiction dispute

High Court orders commercial parties to mediate shortly before trial

Cross-border insolvency: High Court balances interests of liquidators and former management in determining applications for information