Litigation Notes

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

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 …

Commercial litigation podcast series – Episode 11: General update