Recent Disclosure
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FeatureDisclosing “adverse” and “known adverse” documents
Genevieve Cripps looks at Castle Water Limited v Thames Utilities Limited, a case which clarified the meaning of adverse documents pursuant to Practice Direction 51U (PD51U).
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FeatureKerry Underwood's third party funding update
Kerry Underwood dissects two recent judgments that could have significant implications for third party funders.
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NewsNote to forensic e-providers: 'discovery' is not the same as 'disclosure'
Jonathan Haydn-Williams explains why forensic e-providers need to understand their market.
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FeatureDisclosure: have we been getting it wrong?
James Perry reports on a recent judgment which suggests a rigorous change to the way litigators approach disclosure.
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AnalysisHayward v Zurich Insurance Company plc [2016] UKSC 48
Supreme Court holds that a settlement may be set aside for fraud even if fraud is suspected
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AnalysisVilca v Xstrata [2016] EWHC 1824 (QB)
The High Court has held that it has the power to order a party to appoint a separate law firm to conduct an independent re-review of its disclosure on strong grounds, although it chose not to in this case
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AnalysisDisclosure developments after Pyrrho: a watershed for predictive coding?
Susan Monty, head of the Financial Crime, Civil Fraud and Regulatory team at Simons Muirhead & Burton, considers the future use of predictive coding in litigation following the Pyrrho judgment, and offers practical advice on what to do if you think your case might be suitable for e-disclosure.
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AnalysisR v Secretary of State for Justice [2016] UKSC 2
The Supreme Court has granted anonymity to a double-murderer. When is it right to keep the names of parties to civil litigation a secret?
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AnalysisHarlequin Property (SVG) Ltd v Wilkins Kennedy [2015] EWHC 3050 (TCC)
A very wide approach to the inspection of confidential material? The court has ruled that the disclosure of confidential Serious Fraud Office and client documents to dispose fairly of the issues overweighed any public interest in keeping them witheld
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AnalysisHallows v Wilson Barca LLP (2015)
This case is only available as a summary on Lawtel at present, but suggests that the duties imposed on public bodies by the Freedom of Information Act 2000 can be relevant to the common law doctrine of legal professional privilege
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AnalysisKerins v Heart of England NHS Foundation Trust (unreported, 31 July 2015)
The court considered whether the conduct of the claimant’s solicitors had been unreasonable or improper within the meaning of CPR 44.11, conduct that included the intentional failure to disclose the existence of a CFA
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AnalysisBritish Airways plc v Spencer (Trustees of the Airways Pensions Scheme) [2015] EWHC 2477
The High Court considers the meaning and purpose of CPR 35.1, and provides guidance on when expert evidence is ‘reasonably required’
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FeatureChanges to CPR this 1 October - the facts
The 81st update to the Civil Procedure Rules comes into force on 1 October 2015. Cait Sweeney explains what’s changed