Disclosure


Courts must “get a handle” on disclosure pilot costs

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.

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Disclosure pilot “to be extended for another year”

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.

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Weinstein director “must comply” with disclosure order

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.

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Client “must not select documents” for disclosure

It is “fundamental” to the disclosure duties of solicitors that clients are not allowed to select relevant documents, the High Court has stressed.

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Company must disclose documents held by subsidiaries

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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Vos issues warning to parties who abuse disclosure pilot

Parties that try to use the disclosure pilot for litigation advantage will face “serious adverse costs consequences”, the Chancellor of the High Court has warned, urging judges to take action if they see it.

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Parties continue to “play games” in disclosure pilot

There is still “a lot of game-playing” in relation to disclosure despite the aim of the ongoing pilot to introduce a new culture into the way the process is handled, it has been claimed.

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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.

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Blog

21 September 2020

Why arbitration hasn’t worked for personal injury

I can’t say I’m surprised that PIcARBS looks to have run its course. While the lack of interest has been put down to lawyers not wanting to trial the service, market forces are decisive and the market is right.

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