Disclosure
Redacting solicitor’s comments to client was “cherry picking”
Redacting comments made by a company’s lawyer on a draft dismissal letter while disclosing other privileged documents was “impermissible cherry picking”, the Employment Appeal Tribunal has ruled.
Vos: Disclosure pilot applies even if order made before January 2019
The disclosure pilot applies to all Business and Property Courts proceedings, including cases where a disclosure order was made before 1 January 2019, the Chancellor of the High Court has ruled.
MoD hit with indemnity costs for disclosure failure
The Ministry of Defence has been ordered to pay indemnity costs after the High Court ruled that it “has not begun to grapple with its obligations in terms of disclosure” in a procurement challenge.
“Verbal brawl” shows why disclosure pilot is needed
A Chancery master has criticised the “verbal brawl” into which a landlord and tenant dispute has descended and said the conduct of the case showed why the disclosure pilot was necessary.
Disclosure rules “could encourage” partnership litigation
The new disclosure rules – potentially lowering the cost of the process – may encourage more partnership disputes to lead to litigation, a specialist solicitor has suggested.
Judge criticises City solicitor for giving witness statement to journalist
A High Court judge has strongly criticised a City partner who gave a journalist a copy of a witness statement made in support of an application for pre-action disclosure.
Privilege ruling releases two documents and destroys one
A party’s claim to legal advice privilege over two internal emails has been rejected by the High Court, which has also ordered a privileged document disclosed by mistake destroyed.
Rule committee signs off disclosure pilot rules
The Civil Procedure Rule Committee has given its final approval to the two-year disclosure pilot scheme for cases in the Business & Property Courts. Subject to ministerial approval, the pilot will commence on 1 January 2019.
Disclosure reform pilot to begin in January 2019
Civil Procedure Rules Committee last week gave its ‘in principle’ approval to the disclosure working group’s proposals being piloted next year, it has emerged. The pilot will operate from 1 January 2019 in the Business and Property Courts and last for two years.
Witness statements next target for reform, predicts new LSLA president
Witness statements are likely to be the next focus for reform after disclosure, the new president of the London Solicitors Litigation Association has predicted. Julian Acratopulo, head of international commercial litigation at Clifford Chance, said that, like disclosure, both lawyers and the judiciary were ready to reconsider the current system.
Blog
Lomax and the irresistible rise of ADR
A recent decision in the Court of Appeal concerning ADR is striking for a number of reasons, not least of which is the perceived restriction of the citizen’s right to exercise his or her right to a fair trial.
