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

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


Here today, gone tomorrow

Andy Talbot Arag

In 2016, it was AU Insurance Services. Last summer, it was Elite Insurance Company. Already in 2018, New Zealand’s CBL Insurance Limited has collapsed, leaving Alpha Insurance A/S in solvent liquidation and run-off. Often, it seems, these failures impacting the legal expenses sector get associated with the after-the-event insurance market, somehow remote from the majority of brokers. But most legal expenses underwriters, wherever they are based, will have feet in both after- and before-the-event camps. The precise causes and circumstances of these failures (and the several others that have occurred in between them) may be very different, but they have all left brokers, other intermediaries and their clients in the lurch.

March 15th, 2018

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John M Hayes

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