The Strength of Open Justice

15 October 2019

The Supreme Court stresses the fundamental importance of open justice and confirms the Court’s inherent jurisdiction to allow access to Court documents to third parties. Will this lead to a flood of hopeful applications from prying third parties? Only time will tell… 

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How Fare the Winds of Change – An Update on Disclosure in Civil Litigation

14 June 2019

On 1 January this year, the Business & Property Courts rolled out the ‘Disclosure Pilot Scheme’ (DPS). Six months on we revisit the DPS and examine how it has been approached by the Court.

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Non-Party Allowed Access to Court Documents for use in Arbitration

5 April 2019

In a potential controversial decision, the Commercial Court has granted a third party the right to access copies of documents disclosed in High Court litigation to remove an arbitrator, despite the usual confidentiality of arbitration proceedings.

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“Hand it over” – Party Ordered to Disclose Documents Despite Risk of Criminal Penalties

5 April 2019

In Bank Mellat v Her Majesty’s Treasury, the Court of Appeal ordered a party to provide disclosure of documents, notwithstanding that doing so exposed the party to the risk of foreign criminal proceedings.

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Collateral purpose or collateral damage?

16 January 2019

The High Court’s ruling in Glaxo Wellcome UK Limited v Sandoz Limited provides a useful example of circumstances in which disclosed documents can be used other than in the proceedings in which they were disclosed, even if that may damage the disclosing party.

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The Expanding Reach of the SFO

6 December 2018

In R (On The Application Of KBR Inc) v The Director of the Serious Fraud Office [2018], the High Court confirmed, for the first time, the SFO’s ability to compel the production of documents held by a foreign company located outside the jurisdiction, where there is was ‘sufficient connection’ between the company and the UK.

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Which litigation documents can non-parties obtain?

10 September 2018

The Court of Appeal has provided clarificatory guidance as to what documents generated by legal proceedings are accessible to non-parties.

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