Disclosure


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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Vos: Disclosure pilot applies even if order made before January 2019

The disclosure pilot applies to all Business and Property Courts proceedings, including cases where a disclosure order was made before 1 January 2019, the Chancellor of the High Court has ruled.

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MoD hit with indemnity costs for disclosure failure

The Ministry of Defence has been ordered to pay indemnity costs after the High Court ruled that it “has not begun to grapple with its obligations in terms of disclosure” in a procurement challenge.

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“Verbal brawl” shows why disclosure pilot is needed

A Chancery master has criticised the “verbal brawl” into which a landlord and tenant dispute has descended and said the conduct of the case showed why the disclosure pilot was necessary.

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Disclosure rules “could encourage” partnership litigation

The new disclosure rules – potentially lowering the cost of the process – may encourage more partnership disputes to lead to litigation, a specialist solicitor has suggested.

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Judge criticises City solicitor for giving witness statement to journalist

A High Court judge has strongly criticised a City partner who gave a journalist a copy of a witness statement made in support of an application for pre-action disclosure.

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Privilege ruling releases two documents and destroys one

A party’s claim to legal advice privilege over two internal emails has been rejected by the High Court, which has also ordered a privileged document disclosed by mistake destroyed.

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Ed Crosse

Rule committee signs off disclosure pilot rules

The Civil Procedure Rule Committee has given its final approval to the two-year disclosure pilot scheme for cases in the Business & Property Courts. Subject to ministerial approval, the pilot will commence on 1 January 2019.

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