Litigation Notes

Commercial litigation podcast series – Episode 11: General update

High Court finds there is no power to order a party to use its "best endeavours" to obtain and disclose documents that are not within its control

The High Court has declined to order a defendant to use its "best endeavours" to obtain the data held on the mobile telephones of two of its …

Changes to Disclosure Pilot take effect today

Commercial litigation podcast series – Episode 10: General update

High Court orders disclosure of lawyer's attendance note alluded to in claimant's witness statement

High Court considers whether "Issues for Disclosure" under the Disclosure Pilot must be issues pleaded in the parties' statements of case

In a recent decision the Technology and Construction Court has held that, in most cases, the Issues for Disclosure under Practice Direction 51U (the …

High Court finds accountants’ investigation report not protected by litigation privilege and considers requirements for obtaining disclosure under the Disclosure Pilot

The High Court has granted an application by a claimant state for orders that the defendant bank disclose an accounting firm’s investigation report (and …

Disclosure Pilot to be extended for a further year and the procedures streamlined

Commercial litigation podcast series – Episode 9: General update

Commercial litigation podcast series – Episode 8: General update

High Court decision highlights exceptional nature of Model E or "train of inquiry" disclosure and considers questions of "control" over server data

In a recent decision, the High Court has declined to order Model E disclosure under the disclosure pilot, and has also held that data and documents on a …

Parent companies' documents found to be in subsidiaries' control for disclosure purposes

The High Court has found that documents held by the claimants' parent companies, and individuals connected with those entities, were within the …