Litigation Notes

Our new Commercial Litigation Podcast Series

High Court declines to order specific disclosure even though failure to disclose may have breached initial order

A recent High Court decision underlines the strict approach the courts have tended to adopt in considering applications for specific disclosure under the …

High Court emphasises need for parties to agree disclosure search methodology and terms in advance

In a recent decision, the High Court refused to order the defendants to disclose further documents, beyond the 95 documents they had already produced …

Obtaining evidence from US-connected entities - US court widens the scope

The US Court of Appeals for the Second Circuit has handed down a decision that potentially increases the scope for parties in non-US legal proceedings to …

Article published - GDPR in the context of litigation

Among the extensive discussion of the General Data Protection Regulation (GDPR) over the past two years, one area where there has been a marked lack of …

Supreme Court clarifies broad scope of court’s discretion to grant non-party access to court documents

Disclosure pilot: High Court clarifies test for varying disclosure orders and encourages use of disclosure guidance hearings

Disclosure Pilot: High Court clarifies transitional operation and considers privilege claims

The High Court has confirmed that the Disclosure Pilot operating in the Business and Property Courts since 1 January 2019 applies to all proceedings …

Court of Appeal upholds disclosure order despite risk of prosecution in Iran

High Court refuses permission for collateral use of disclosed documents and witness statements to respond to US grand jury subpoena

In a decision illustrating the court's strict approach to the rule prohibiting the use of disclosed documents and witness statements for a collateral …

High Court orders Tesco to disclose SFO documents in s.90A FSMA shareholder class action

The High Court has ordered Tesco to disclose, in civil proceedings brought by its shareholders under s.90A of the Financial Services and Markets Act 2000 …

Upcoming webinar - Disclosure pilot scheme in the Business and Property Courts

On Wednesday 16 January (12.30 – 1.30pm GMT), Julian Copeman and Rachel Lidgate will deliver a webinar for Herbert Smith Freehills clients and …