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Second edition of our international guide to document retention and upcoming webinar
The first edition of our popular guide "Document Retention: An International Review" was published in January 2011, providing guidance on key …
Failure to engage with ADR proposals: Court of Appeal extends the Halsey principles
The Court of Appeal has delivered a judgment strongly reiterating its support for the role of ADR in civil litigation and extending the existing …
Jurisdiction clause in bank's terms interpreted as granting exclusive jurisdiction to English courts in claims by hedge fund
The High Court has interpreted a jurisdiction clause as granting exclusive jurisdiction to the English courts in respect of claims made by a hedge fund. …
High Court decision highlights continuing tension between procedural strictness and justice of the case
The High Court has granted a second application for relief from sanctions for failure to comply with an unless order, reinstating a defence that had …
Court of Appeal found settlement precluded application to use disclosed documents in separate action
The Court of Appeal overturned an order granting the claimants permission to use, in intended Swiss proceedings, certain documents that had been …
Contract may be made in more than one country for purposes of establishing jurisdiction
The High Court has held that a claimant had a good arguable case that a contract was made in both England and Texas and that this was sufficient to come …
Court of Appeal upholds procedural orders despite risk of compliance breaching French blocking statute
A judgment handed down on Tuesday has confirmed that the English court is unlikely to refrain from making procedural orders against French parties to …
New Part 36 costs sanction refused where claimant beat own offer made shortly before trial
In the first case we have seen addressing the new costs sanction introduced by the Jackson reforms for claimants' Part 36 offers made on …
High Court comments on "obvious case" for departing from costs budget
In ordering a defendant to make an interim payment on account of the successful claimant's costs, the High Court has awarded a sum considerably higher …
High Court refuses non-party application for witness statement exhibits that were not on court file
The High Court has held that it has no inherent jurisdiction to order non-party access to witness statement exhibits, and documents put to witnesses in …
High Court refuses specific disclosure of documents held by party's solicitors on terms of protective order issued by US court
The High Court has held that a third party's documents were not within the defendant's "control" for the purposes of disclosure where they were not in …
High Court declines to approve parties' costs budgets, describing them as disproportionate and unreasonable
The High Court has declined to make a costs management order, saying that both parties' budgets were disproportionate and unreasonable but the court had …
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Alan Watts
Partner, Head of Class Actions, UK and EMEA, London
Maura McIntosh
Knowledge Counsel, London
Tracey Lattimer
Knowledge Lawyer, London
Camilla Macpherson
Knowledge Lawyer, London