Litigation Notes

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 …

Disclosure Pilot Scheme to take effect as permanent new Practice Direction from 1 October 2022, with no substantial changes

The Disclosure Pilot Scheme, which has been operating in the Business and Property Courts since January 2019, is to be incorporated into the Civil …

High Court orders broad "train of inquiry" (or Model E) disclosure on key issue in dispute

In a recent decision, the High Court has made a rare order for disclosure to be given under Model E of the Disclosure Pilot at PD51U - ie old-fashioned …

High Court finds there is no power to order a party to use its "best endeavours" to obtain and disclose documents that are not within its control

The High Court has declined to order a defendant to use its "best endeavours" to obtain the data held on the mobile telephones of two of its …

Changes to Disclosure Pilot take effect today

High Court orders disclosure of lawyer's attendance note alluded to in claimant's witness statement

High Court considers whether "Issues for Disclosure" under the Disclosure Pilot must be issues pleaded in the parties' statements of case

In a recent decision the Technology and Construction Court has held that, in most cases, the Issues for Disclosure under Practice Direction 51U (the …

High Court finds accountants’ investigation report not protected by litigation privilege and considers requirements for obtaining disclosure under the Disclosure Pilot

The High Court has granted an application by a claimant state for orders that the defendant bank disclose an accounting firm’s investigation report (and …

Disclosure Pilot to be extended for a further year and the procedures streamlined

High Court decision highlights exceptional nature of Model E or "train of inquiry" disclosure and considers questions of "control" over server data

In a recent decision, the High Court has declined to order Model E disclosure under the disclosure pilot, and has also held that data and documents on a …

Parent companies' documents found to be in subsidiaries' control for disclosure purposes

The High Court has found that documents held by the claimants' parent companies, and individuals connected with those entities, were within the …