Disclosure


Court draws adverse inferences from “deliberate destruction” of emails

A High Court has described the double deletion by a witness for the claimant of crucial emails on the eve of the trial of a film financing dispute as a “very serious misdeed”.

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Judge: Disclosure pilot demands co-operation, not unilateral action

Parties in disagreement over how to proceed with disclosure under the pilot should not stop talking or engage in “point-scoring correspondence”, a judge has warned.

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Commercial Court judge: costs are “always a worry”

A Commercial Court judge has said that the question of costs “worries me always” and should worry judges in all jurisdictions, particularly where there is a disparity of economic power between the parties.

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Changes afoot as litigators lambast disclosure pilot

Commercial litigators have vented their frustration – and in some cases anger – with the disclosure pilot in the Business and Property Courts, and changes to its rules have been put forward as a result.

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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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Blog

24 February 2021

Covid-19 claims: The elephant in the room?

The idea of suing the NHS for compensation of a wrongdoing/malpractice may not seem the right or popular option right now. Everyone in our sector is wondering how this will pan out.

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