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Jackson reforms: taking stock
In addition to the headline reforms which are to be implemented through primary legislation currently before Parliament, progress is ongoing toward the …
Non-party disclosure ordered in support of enforcement
The High Court has found that the court has jurisdiction to order non-parties to disclose documents after, as well as before, judgment: North Shore …
Herbert Smith to open new Belfast office for document review
In November we announced that we would be setting up an operation in Belfast, focusing on document review work for major litigation, arbitration and …
Herbert Smith launches important publications on document retention and data management
With the proliferation of electronic documents, the globalisation of commerce and disputes, and options to store documents remotely in cheaper and more …
Evidence obtained from rubbish bins not unlawful
In a recent case, enquiry agents instructed by a judgment creditor had searched through documents discarded as rubbish on the pavement outside the London …
Commercial Court refuses enhanced disclosure order
A recent judgment of the Commercial Court demonstrates the difficulty of obtaining a broad order for enhanced or "train of enquiry" disclosure, even …
Jurisdictional test for pre-action disclosure considered by the High Court
Flaux J in Alan Kneale v Barclays Bank plc [2010] EWHC 1900 (Comm) has taken a robust approach to an application for pre-action disclosure of a credit …
New rules in relation to the disclosure of electronic documents in High Court proceedings
A new Practice Direction (PD) and Electronic Documents Questionnaire will apply to the disclosure of electronic documents in multi-track cases started in …
Disclosure of confidential settlement agreements
The recent High Court judgments in the case of Cadogan Petroleum Plc and others v Mark Tolley and others [2010] EWHC 1107 and [2009] EWHC 3291 give a …
Commercial Court rules that disclosure in litigation does not alter duty of confidence owed by former employees
The Commercial Court has held that the duty of confidence owed by two ex-employees is not extinguished by their ex-employer's disclosure of confidential …
Final report published today in Lord Justice Jackson's year-long costs review
The final report in Lord Justice Jackson's civil litigation costs review was published this morning. The report presents the Judge's findings and …
Electronic disclosure – ignore rules at your peril
Earles v Barclays Bank Plc [2009] EWHC 2500 provides a clear reminder to litigants to undertake proper electronic disclosure. The judge made clear in the …
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