Litigation Notes

Article published - Disclosure Pilot Scheme: a potential way forward?

High Court says bank need not comply with numerous and repetitive DSARs which were being used for a collateral purpose

The High Court has dismissed a Part 8 claim against a bank for allegedly failing to provide an adequate response to the claimant’s Data Subject Access …

Judicial Update on operation of the Disclosure Pilot Scheme

Commercial Court 125 virtual seminar: insights on virtual hearings, the disclosure pilot and witness evidence reform

High Court interprets Supreme Court guidance and refuses further provision of trial documents to non-party

This case marks the latest instalment in the Dring litigation, in which the Asbestos Victims Support Groups Forum UK (“the Forum”) is seeking access to …

Disclosure pilot scheme extended to the end of 2021

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 “without prejudice” statements contained in mediation paper were admissible to defend against allegation of fraud

The High Court has held that statements made in a “without prejudice” (WP) mediation paper were admissible as they were to be used to rebut allegations …

High Court refuses to set aside or vary disclosure order despite risk of foreign criminal or regulatory sanctions

The High Court has refused to set aside or vary an order for standard disclosure where a defendant bank maintained that production of documents would …

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 …

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 …