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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.
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”.
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”.
Litigators evenly split on impact of Brexit
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.
QC proposes ‘no disclosure’ rule for arbitrations
Arbitrations should begin with a default position of no disclosure of documents, a leading QC has argued. Peter Rees QC said for many disputes, each side had “all the documents it needs” and disclosure was a “time-consuming and expensive luxury”.
High Court: cost savings of predictive coding “extremely significant”
The High Court has described the cost savings that can be achieved by using predictive coding for disclosure rather than a standard keyword search as “extremely significant”. Mr Registrar Jones was giving the first reported ruling on a contested application for predictive coding.
Judges unveil streamlined trial procedures for commercial cases
A committee of High Court judges, joined by a leading QC and City solicitor, has revealed its recommendations for faster trials of commercial disputes – through new ‘shorter trial’ and ‘flexible trial’ procedures.
City firms face massive disclosure challenge after privilege ruling
Three City firms – Clyde & Co, Stephenson Harwood and Addleshaw Goddard – face a combined disclosure exercise which could last for months and cost £2.5m after a High Court ruling on legal professional privilege.
Boardman: reduce disclosure to the relevant documents to cut “exorbitant” litigation costs
The cost of commercial litigation remains “exorbitant”, with abolition of general disclosure the first attack that should be made on it, a leading City solicitor has argued. Nigel Boardman said the legal profession has not given “an adequate response to the change in the economy since 2008”.
