Disclosure


Ed Crosse

Disclosure reform pilot to begin in January 2019

Civil Procedure Rules Committee last week gave its ‘in principle’ approval to the disclosure working group’s proposals being piloted next year, it has emerged. The pilot will operate from 1 January 2019 in the Business and Property Courts and last for two years.

Read More

Julian Acratopulo

Witness statements next target for reform, predicts new LSLA president

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.

Read More

Oliver Glynn Jones

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

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.

Read More

Law Society - Front2

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

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”.

Read More

Helen Evans 4 New Square

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

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.

Read More

rcj 3

High Court rejects non-party litigation privilege claim

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”.

Read More

3d dosiier popping out from a laptop screen

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

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”.

Read More

Sir Terence Etherton

Judiciary signals major culture and rule change to control disclosure

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.

Read More

← Older posts Page 2 of 3 Newer posts →

Blog

10 June 2021

The growing risk of ESG litigation

The rapid rise of environmental, social and governance (ESG) issues, and the intense focus of legislators, regulators and investors on sustainability, has led many businesses to look closely at their ESG credentials.

Read More