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Consultation on proposed amendments to US federal rules on discovery
The US Federal Judicial Conference's Advisory Committee on Civil Rules (the "Advisory Committee") has proposed a series of amendments to the US Federal …
Second edition of our international guide to document retention and upcoming webinar
The first edition of our popular guide "Document Retention: An International Review" was published in January 2011, providing guidance on key …
Court of Appeal found settlement precluded application to use disclosed documents in separate action
The Court of Appeal overturned an order granting the claimants permission to use, in intended Swiss proceedings, certain documents that had been …
Court of Appeal upholds procedural orders despite risk of compliance breaching French blocking statute
A judgment handed down on Tuesday has confirmed that the English court is unlikely to refrain from making procedural orders against French parties to …
High Court refuses specific disclosure of documents held by party's solicitors on terms of protective order issued by US court
The High Court has held that a third party's documents were not within the defendant's "control" for the purposes of disclosure where they were not in …
High Court finds party not in breach of "unless order" for e-disclosure as result of errors in list
In a recent decision the High Court held that a party was not in breach of an "unless order" for e-disclosure as a result of the mistaken omission of …
Recent decisions on when third parties can be required to disclose information under Norwich Pharmacal jurisdiction
On two occasions in recent months the courts have considered the extent to which a third party must have been (innocently) involved in wrongdoing before …
High Court finds SFO not barred from giving disclosure of third party documents obtained under compulsory powers
The High Court has held that the Serious Fraud Office (SFO) was not prevented from giving disclosure as a defendant to civil proceedings of …
High Court grants relief from sanctions following errors in compliance with "unless order"
The High Court has granted a defendant relief from the sanction of striking out its defence following errors in compliance with an "unless order" to give …
High Court makes "unless order" for disclosure citing increased emphasis on compliance
In a decision handed down last Friday, the High Court granted an extension of time to comply with a disclosure order but made an “unless order” that …
New book by Herbert Smith Freehills disputes partners: "Disclosure of Information: Norwich Pharmacal and Related Principles"
Simon Bushell and Gary Milner-Moore's new book "Disclosure of Information: Norwich Pharmacal and Related Principles" was published by Bloomsbury …
High Court orders disclosure of documents held in France despite French blocking statute
A recent decision has important implications for the approach the court should take in ordering disclosure of documents held in France where such …
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