Disclosure

Not so great at defence – MoD loses case after disclosure failure

Sue Bowler Coffin Mew

The Ministry of Defence (MoD) has had its defence to a multi-million pound personal injury claim struck out by the High Court for failing to comply with an unless order over its disclosure obligations. The judge said that “unless orders should mean what they say”.

November 25th, 2016

High Court bids to minimise delay in bitter costs dispute between solicitors

Rolls Building

A High Court master has rejected an application from a Leicestershire solicitor for trial of a preliminary issue in a costs claim involving another law firm, citing the “high degree of personal animosity between the parties”. The claim for unpaid agency fees had already resulted in two appeals at the SCCO.

October 18th, 2016

Jackson urges move away from standard directions to take control of disclosure

Jackson LJ

Practitioners need to think twice before agreeing standard disclosure and judges to be more proactive to steer them away from it, Lord Justice Jackson said last week. He urged lawyers to look beyond the profitability that may come from standard disclosure.

October 17th, 2016

E-disclosure first for LLM students

Ian Walden

LLM students at the school of law at Queen Mary University of London will next month become the first in the UK to be part of a new academic course in e-disclosure. Teaching will be delivered by leading lawyers and practitioners, and students will undergo hands-on training using KCura’s e-disclosure software, Relativity.

September 12th, 2016

High Court: cost savings of predictive coding “extremely significant”

rcj 2

The High Court has described the cost savings that can be achieved by using predictive coding for disclosure rather than a standard keyword search as “extremely significant”. Mr Registrar Jones was giving the first reported ruling on a contested application for predictive coding.

July 12th, 2016

City firm wins first contested application for use of predictive coding

Oliver Glynn-Jones

City law firm Berwin Leighton Paisner has won what it believes to be the first contested application to use predictive coding as part of a substantial document review exercise. It follows Master Matthews allowing its use in England and Wales for the first time earlier this year.

May 19th, 2016

High Court approves use of predictive coding

rcj 2

The High Court has approved the use of predictive coding in e-disclosure, for what is believed to be the first time in this jurisdiction. Master Matthews was ruling on a case involving 3.1m documents.

February 17th, 2016

Statements made in open offer do not constitute admissions, High Court rules

rcj 2

A party cannot use part of an open offer made during litigation as an admission by their opponent, the High Court has ruled. Mr Justice Coulson said that to allow this would be contrary to the policy of courts encouraging parties to make offers.

October 27th, 2015

Predictive coding technology validated in landmark ruling

This past month Ireland has given me cause for celebration due to the decision in Irish Bank Resolution Corporation Ltd & ors v Quinn & ors [2015] IEHC 175, which sanctioned the use of predictive coding technology in the disclosure process.

May 13th, 2015

City firms face massive disclosure challenge after privilege ruling

Stack of documents and papers

Three City firms – Clyde & Co, Stephenson Harwood and Addleshaw Goddard – face a combined disclosure exercise which could last for months and cost £2.5m after a High Court ruling on legal professional privilege.

August 18th, 2014

Blog

Proportionality – not just a matter for detailed assessment

Stack of documents and papers

Proportionality is one of the major issues that we find we are dealing with at the end of a matter, particularly in the small-to-medium-value claims. Why was it introduced? It was considered that the then existing system was not working and that a system needed to be put in place which would “promote access to justice at proportionate cost”. In 2009, Court of Appeal judge Sir Anthony May said: “Assessments which have to concentrate retrospectively on what the winning party has spent will always risk producing a disproportionate result.”

March 29th, 2017

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John M Hayes

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