Disclosure

Court orders injunction against party that sought to use privileged document disclosed by error

Rolls Building

The High Court has granted an injunction against a party that was well aware that a document it was using was a privileged letter accidentally disclosed by the other side. The claimant was advised by a non-solicitor insolvency specialist, but the court said the test was whether it was obvious to a reasonable solicitor that a mistake had been made.

August 22nd, 2017

Litigators evenly split on impact of Brexit

City of London

Litigation lawyers in London are fairly evenly split on whether Brexit will lead to a “significant flight of work” to other jurisdictions, a survey has found. The survey underlined the strength of opposition from commercial lawyers to fixed costs. Lord Justice Jackson is to publish his report on the issue this morning.

July 31st, 2017

Jackson urges solicitors to sort out accidental disclosure of privileged material between themselves

Lord Justice Jackson

Litigators should sort out the inadvertent disclosure of privileged documents in a grown-up manner without taking up the time of the court, the Court of Appeal has ruled as it granted an order to delete a privileged email that had been accidentally handed over.

July 20th, 2017

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

Blog

Hands up who knows what litigation financiers sell?

A#1000

If your answer was ‘money’, you would be correct but sadly out of step with the prevailing thinking. If, however, you asked some other litigation financiers the same question, you would very likely receive answers like ‘project management skills’, or ‘an experienced litigation partner’. Whilst none of these answers are wrong per se, they do rather miss the point of why lawyers and clients engage with funders. Experienced and successful litigators do not want the views of litigation financiers on how to project manage their litigation – they want access to their cash pure and simple.

October 19th, 2017

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John M Hayes

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