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Irish court endorses use of predictive coding for disclosure
A recent decision of the High Court in the Republic of Ireland has endorsed the use of predictive coding for a disclosure exercise, rejecting the …
High Court orders disclosure despite risk of prosecution for criminal contempt under US law
The High Court has ordered a party to litigation to allow the inspection of an attachment to a Deferred Prosecution Agreement entered into with the US …
Company ordered to disclose documents in the control of its controllers
The Commercial Court has ordered a company to disclose documents in the hands of third parties (an individual and another company in the same group) on …
Contractual entitlement to "reasonable access" to documents was not subject to requirement to justify request for access
The High Court has granted a seller's application to inspect certain documents of its former subsidiaries pursuant to a contractual term …
US Supreme Court weighing proposals to curtail scope, burden and uncertainty of discovery in US Federal Court
Joe Falcone has published an article in Financier Worldwide addressing proposed amendments to the US Federal Rules of Civil Procedure, which govern civil …
Court of Appeal finds clear breach of unless order for e-disclosure
The Court of Appeal has held that claimant liquidators were in breach of an "unless order" for e-disclosure, overturning the High Court's …
UK Supreme Court: merits generally irrelevant to enforcement of case management directions
In a judgment given yesterday (26 November) the majority of the Supreme Court has expressed the view that the strength of a party's case on the …
Article published on recent themes in e-disclosure
Gregg Rowan, Celina McGregor, Johan Botha and Lyn Harris have published an article in the November edition of PLC Magazine which looks at the …
Court of Appeal considers relevance of merits to application for pre-action disclosure
The Court of Appeal has confirmed that the court's jurisdiction to order pre-action disclosure is not subject to an "arguability threshold". The strength …
High Court refuses to order bank to disclose its Credit Process Guide
A recently published decision of the High Court demonstrates that a court will examine closely whether a document comes within the test for standard …
Court can order pre-action disclosure in judicial review proceedings
The High Court has found that the court technically has power to order pre-action disclosure in judicial review proceedings, despite this power not being …
Another High Court decision that party not in breach of "unless order" for disclosure due to defects in list
For the second time in recent months, the High Court has held that parties to litigation were not in breach of an “unless order” to give …
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