Litigation Notes

High Court clarifies requirement to disclose "known adverse documents" under Disclosure Pilot Scheme

In a recent decision the court has clarified that parties are required to undertake reasonable and proportionate checks to see if they have or have had …

High Court finds "control" for the purposes of disclosure includes third party documents that the litigating party can access under a standing consent short of an enforceable right

In a recent decision, the High Court found that the documents of two of the defendant's subsidiary companies were within its "control" for the purposes …

Chancellor of the High Court clarifies aspects of disclosure pilot at disclosure guidance hearing

The Chancellor has taken the opportunity to clarify aspects of the disclosure pilot which is currently underway in the Business and Property Courts under …

Our new Commercial Litigation Podcast Series

High Court declines to order specific disclosure even though failure to disclose may have breached initial order

A recent High Court decision underlines the strict approach the courts have tended to adopt in considering applications for specific disclosure under the …

High Court emphasises need for parties to agree disclosure search methodology and terms in advance

In a recent decision, the High Court refused to order the defendants to disclose further documents, beyond the 95 documents they had already produced …

Disclosure pilot: High Court clarifies test for varying disclosure orders and encourages use of disclosure guidance hearings

Disclosure Pilot: High Court clarifies transitional operation and considers privilege claims

The High Court has confirmed that the Disclosure Pilot operating in the Business and Property Courts since 1 January 2019 applies to all proceedings …

Upcoming webinar - Disclosure pilot scheme in the Business and Property Courts

On Wednesday 16 January (12.30 – 1.30pm GMT), Julian Copeman and Rachel Lidgate will deliver a webinar for Herbert Smith Freehills clients and …

Article published - Pilot of new disclosure rules: a change for the better?

Julian Copeman and Maura McIntosh have published an article in PLC Magazine looking at the new disclosure rules that are due to be piloted in …

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 …

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 …