Disclosure
Court draws adverse inferences from “deliberate destruction” of emails
A High Court has described the double deletion by a witness for the claimant of crucial emails on the eve of the trial of a film financing dispute as a “very serious misdeed”.
Judge: Disclosure pilot demands co-operation, not unilateral action
Parties in disagreement over how to proceed with disclosure under the pilot should not stop talking or engage in “point-scoring correspondence”, a judge has warned.
Commercial Court judge: costs are “always a worry”
A Commercial Court judge has said that the question of costs “worries me always” and should worry judges in all jurisdictions, particularly where there is a disparity of economic power between the parties.
Changes afoot as litigators lambast disclosure pilot
Commercial litigators have vented their frustration – and in some cases anger – with the disclosure pilot in the Business and Property Courts, and changes to its rules have been put forward as a result.
Courts must “get a handle” on disclosure pilot costs
The Business and Property Courts must “get a handle” on why most solicitors believe the disclosure pilot is not producing cost savings, the professor monitoring its progress has said.
Disclosure pilot “to be extended for another year”
The disclosure pilot in the Business and Property Courts is likely to be extended until the end of 2021, with a key figure saying it would be “premature” to end the pilot as planned this year.
Weinstein director “must comply” with disclosure order
A former member of the board of the Weinstein Company does have to comply with a disclosure order in a sexual harassment case despite not living in the UK, the Employment Appeal Tribunal has ruled.
Client “must not select documents” for disclosure
It is “fundamental” to the disclosure duties of solicitors that clients are not allowed to select relevant documents, the High Court has stressed.
Company must disclose documents held by subsidiaries
A company must disclose documents held by its subsidiaries and which it controls, the High Court has ruled, in a case handled under the disclosure pilot.
Vos issues warning to parties who abuse disclosure pilot
Parties that try to use the disclosure pilot for litigation advantage will face “serious adverse costs consequences”, the Chancellor of the High Court has warned, urging judges to take action if they see it.