Disclosure


Disclosure pilot scheme still unfit for purpose, most lawyers say

19 May 2021

Seven in 10 lawyers consider the disclosure pilot scheme unfit for purpose, with many believing it has exacerbated the adversarial environment, new research has found.


Court draws adverse inferences from “deliberate destruction” of emails

23 February 2021

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

28 October 2020

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”

14 October 2020

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

24 September 2020

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

9 September 2020

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”

19 May 2020

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

7 May 2020

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

6 May 2020

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

6 April 2020

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.

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