Tag Archives: Disclosure

A CLEVER PLOY: HIRE EXPENSIVE LAWYERS AND THEN ARGUE COSTS ARE DISPROPORTIONAL

The decision of Mr Justice Foskett  in Vilca -v- Xtrata Limited [2016] EWHC 389 (QB) is interesting for a number of reasons, in particular relating to disclosure and case management. Here I want to look at the judge’s consideration of arguments relating to proportionality in particular.  The judge’s observations on the role of the parties in […]

HEARING AN APPLICATION FOR PRE-ACTION DISCLOSURE AFTER PROCEEDINGS ARE ISSUED: FURTHER DEVELOPMENTS

An earlier post considered the question whether an application for pre-action disclosure can properly be made after proceedings were issued.  This issue was considered again by HHJ Moloney QC (sitting as a judge of the High Court) in Anglia Research Services Ltd -v- Finders Genealogists Ltd [2016] EWHC 297 (QB). KEY POINTS A court could […]

DISCLOSURE AND PREDICTIVE CODING: PYHRRO EXPLAINED FOR THE TYRO

There has been much written already in relation to the decision of Master Matthews in Pyrrho Investments Ltd -v- MWB Property Ltd [2016] EWHC 256 (Ch) [see the links below]. However I want to concentrate upon the fact that this judgment provides a readily accessible guide to predictive coding. WHAT IS PREDICTIVE CODING? It is […]

WAIVING PRIVILEGE IN WITNESS STATEMENTS: ANOTHER HIGH COURT DECISION

The question of waiving privilege in witness statements has been considered several times on this blog. The case of Commodities Research Unit International (Holdings) Ltd -v- King and Wood Mallesons LLP [2016] EWHC 63 (QB) shows that privilege can be waived even though a witness statement states, expressly, that the maker of the statement is […]

APPLICATIONS FOR PRE-ACTION DISCLOSURE MUST BE MADE PRE-ACTION (NOT A GREAT SURPRISE THIS)

In Personal Management Solutions Ltd -v- Gee 7 Group Wealth Limited [2015] EWHC 3859(Ch) Mr Justice Morgan decided that applications for pre-action disclosure must be made pre-disclosure. The court did not have jurisdiction to make such an application once proceedings were issued. “I consider that the deputy master was right to hold that he did […]

GOING ON A FISHING EXPEDITION? DON’T BANK ON AN ORDER FOR SIMILAR FACT EVIDENCE

In Claverton Holdings Ltd -v- Barclays Bank PLC [2015] EWHC 3603 (Comm) Mr Justice Phillips was highly critical of the claimant’s application for similar fact evidence. “The application has, at this point, in my judgment, become a fishing expedition, hoping to find an admission by Barclays or a finding of similar facts where there is […]

PERSONAL INJURY LITIGANTS, LAWYERS & SOCIAL MEDIA

Social media is coming to play an increasingly important part in personal injury litigation. It is worthwhile taking a look at developments and the lawyer’s duties.  There is no doubt at all that the close scrutiny of social media accounts  is going to play a prominent part in all areas of civil litigation.  One key […]