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High Court takes strict approach to when permission needed for collateral use of documents disclosed in proceedings
The High Court has recently considered the restrictions on collateral use of documents and witness statements disclosed in proceedings, and has provided …
High Court applies narrow interpretation of “client” for purposes of legal advice privilege
In a decision handed down today, the High Court has applied the much-criticised Court of Appeal decision in Three Rivers No 5 to find that interviews …
Upcoming webinar - International Litigation Update
On Tuesday 18 October (12noon - 1.00pm UK time) we will present the first in a new series of webinars for Herbert Smith Freehills clients and …
Commercial Court finds it did not have jurisdiction to permit service of an application for Norwich Pharmacal relief out of the jurisdiction
In a recent decision, the Commercial Court found that it did not have jurisdiction to permit service out of the jurisdiction in respect of an application …
Strong grounds required to justify independent re-review of disclosure
A recent High Court decision confirms that the court can order a re-review of disclosure by an independent lawyer, although "strong grounds" are required …
Court of Appeal clarifies when court will allow inspection of documents mentioned in witness statement or statement of case
In a recent decision, the Court of Appeal has clarified the approach to be taken in determining whether the court should allow inspection of a document …
Predictive coding ordered despite party's objections
The High Court has ordered disclosure to be carried out using predictive coding despite a party's objections to the use of the technology: Brown v …
Use of predictive coding for e-disclosure endorsed by English High Court
A decision of the English High Court handed down yesterday has expressly approved the use of predictive coding (also known as technology assisted review) …
High Court orders disclosure of confidential SFO and client documents
In a recent decision, the High Court refused to allow defendant accountants and business advisers to withhold documents from inspection on the basis of …
Amended US Federal Rules of Civil Procedure narrow availability of civil discovery and sanctions
Important changes to the US Federal Rules of Civil Procedure (FRCP), which govern the conduct of civil proceedings in US federal district court, will …
Party in breach of unless order for disclosure due to failures in OCR process
The High Court has held that claimant liquidators were in breach of an "unless order" for disclosure where the low quality of OCR copies of scanned …
High Court orders personal injury defendant to disclose insurance details
In a recent decision, the High Court ordered disclosure of the defendant's insurance arrangements in the context of a personal injury claim where the …
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