Disclosure

Witness statements next target for reform, predicts new LSLA president

Julian Acratopulo

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.

March 23rd, 2018

City firm foresees big future for predictive coding after client wins case

Oliver Glynn Jones

The City law firm that won the first contested application to use predictive coding as part of a substantial document review exercise has proclaimed the exercise a success and a precursor to its wider use after its client won.

March 12th, 2018

Disclosure reforms could lead to “miscarriages of justice”, Law Society warns

Law Society - Front2

The Law Society has warned that radical disclosure reforms, due to be piloted in the Business and Property Courts this autumn, could lead to important documents not coming to light and “increase the risk of miscarriages of justice”.

March 7th, 2018

New disclosure regime “set to cause problems” for professional negligence claims

Helen Evans 4 New Square

Professional negligence claims will become harder to handle under the new approach to disclosure which will be piloted later this year in the Business & Property Courts, particularly for defendants, a barrister has warned. She identified front-loading of costs, imbalance between the parties, and disclosure of adverse documents as potential problems.

March 5th, 2018

High Court rejects non-party litigation privilege claim

rcj 3

An attempt to claim litigation privilege by global mining and commodities giant Glencore, in a case where it was not the party to proceedings, has been rejected by the High Court. It said there was no authority for the proposition that “a person controlling litigation can assert litigation privilege against a party which it is controlling and who is the party to the proceedings”.

February 27th, 2018

High Court orders manual document search in $65m damages claim after concerns over computer review

3d dosiier popping out from a laptop screen

A High Court judge has ordered a manual search of tens of thousands of documents in a $65m breach of warranty case because of concerns over the claimants’ approach to computer-assisted review. Mr Justice Coulson said disclosure had been “something of a running sore in this case”.

February 22nd, 2018

Judiciary signals major culture and rule change to control disclosure

Sir Terence Etherton

A “wholesale cultural change” in the approach to disclosure in the Business and Property Courts is needed, a judiciary-led working group has said, which will be brought about by a completely new rule and guidelines applying to the majority of cases. These will be tested in a two-year pilot to run in major courts across the country.

November 2nd, 2017

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

Blog

Three’s a crowd – who pays?

Matthew Pascall 2

In September 2014 a UKIP MEP, Jane Collins, gave a speech at UKIP’s annual conference slandering three Labour MPs. The following month, a letter of claim on their behalf was sent to Ms Collins. It contained an offer of settlement under which Ms Collins would pay each £10,000 in damages, which they would then pay to charity. UKIP’s National Executive Committee discussed the letter of claim that month and referred Ms Collins to solicitors, RMPI, with whom UKIP had close ties. No settlement having been agreed, in November 2014 the three MPs issued claims against Ms Collins. Temple Legal Protection insured the MPs’ claims.

May 16th, 2018

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