Litigation Notes

Exclusion clauses: High Court grants summary judgment as losses fell within clear and unambiguous exclusion clause and UCTA reasonableness test did not apply

Article published: The interplay between data protection rules and civil litigation procedure - some judicial guidance (finally)

It is now more than five years since the GDPR propelled the issue of data protection into the forefront of legal practitioners' minds. Alongside …

Data protection rules in the context of litigation disclosure: some High Court guidance

Commercial litigation podcast series – Episode 18: General update

High Court underlines need to consider scope of agency in considering whether documents to which agent has access are in principal's control

Court of Appeal confirms refusal of anti-suit injunction to restrain US s.1782 discovery application in libel proceedings

The Court of Appeal has upheld a decision refusing to grant an anti-suit injunction to restrain a US s.1782 discovery application seeking evidence in …

High Court refuses anti-suit injunction to restrain US s.1782 discovery application in relation to English libel proceedings

Article published - Massive overdisclosure: bucking the trend

A recent High Court decision has gone against the trend of more than two decades of disclosure reform, in which the aim has generally been to reduce the …

Commercial litigation podcast series – Episode 17: General update

Disclosure: High Court directs party to identify which current and ex-employees have been asked for/given consent to search for documents on their personal devices

Application for third party disclosure can be served abroad where the documents are within the jurisdiction

The Court of Appeal has upheld an order permitting an application for third party disclosure to be served on a respondent outside England and Wales, in …

Commercial litigation podcast series – Episode 15: General update